34628 Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Notices 

violation of 49 U.S.C. 30115 does not 

impose notification or remedy because 

it is not a noncompliance with an 

FMVSS. Consequently, that portion of 

its inconsequentiality petition is moot. 

However, the failure to provide metric 

units on the subject combined 

certification/tire information labels as 

required by FMVSS No. 120 is a 

noncompliance that is violation of 

Chapter 301. 

While NHTSA strongly encourages 

manufacturers to include both English 

and Metric units on all certification and 

tire information labels, we do not 

believe that in this particular situation 

that the omission of metric units is 

likely to have any affect on motor 

vehicle safety. The agency agrees with 

Medical Coaches that the present label 

on these trailers is likely to achieve the 

safety purposes of the required 

information. First, all the correct 

English unit information required by 

FMVSS No. 120 is provided on the 

combined certification/tire information 

label. Second, the information 

contained on the label is of the correct 

size. Third, the information contained 

on the label is in the prescribed format. 

In consideration of the foregoing, 

NHTSA has decided that Medical 

Coaches has met its burden of 

persuasion that the failure to include 

metric units on the combined 

certification/tire information labels on 

the subject vehicles, as required by 

paragraph S5.3 of FMVSS No. 120, is 

inconsequential to motor vehicle safety. 

Accordingly, Medical Coaches’ 

application is granted, and it is 

exempted from providing the 

notification of noncompliance that is 

required by 49 U.S.C. 30118, and from 

remedying the noncompliance, as 

required by 49 U.S.C. 30120. All 

products manufactured or sold on and 

after May 9, 2008, must comply fully 

with the requirements of FMVSS No. 

120. 

Authority: 49 U.S.C. 30118, 30120; 

delegations of authority at 49 CFR 1.50 and 

501.8. 

Issued on: July 13, 2009. 

Daniel C. Smith 

Associate Administrator for Enforcement. 

[FR Doc. E9–16954 Filed 7–15–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Request for Applications for the 

Federal Motor Carrier Safety 

Administration Medical Review Board 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Request for applications for the 

Medical Review Board. 

SUMMARY: FMCSA solicits applications 

from interested physicians to serve on 

the Agency’s Medical Review Board 

(MRB). The MRB, authorized by the 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU), provides 

scientific advice to the Secretary of 

Transportation (the Secretary) and the 

FMCSA Administrator on medical 

issues relating to the physical 

qualification standards for commercial 

motor vehicle (CMV) drivers. In 2006, 

the Secretary appointed five physicians 

for 2-year terms to serve on the MRB. In 

2008, the Secretary reappointed the 

physicians to the MRB, with the 

chairperson currently serving a 2-year 

term, and the other four members 

serving staggered 1-year terms. In 2009, 

the Secretary appointed two new 

members to a 2-year term, and 

reappointed two of the current members 

to a 1-year term to ensure the MRB 

continued to operate with five active 

members. The term of the chairman and 

two members will expire in 2010. 

Therefore, in 2010, the Secretary will 

appoint three new MRB members to fill 

the vacancies created when the three 

current members’ terms expire. In 

addition, the Secretary will appoint 

alternates to serve if one or more of the 

appointed MRB members is unable to 

complete his/her term. The appointment 

of alternates ensures that the MRB will 

operate continuously with five active 

members. 

DATES: Applications must be received 

by August 17, 2009. FMCSA will 

periodically call for applications as 

deemed necessary. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, 202–366–4001, FMCSA, U.S. 

Department of Transportation, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. Office hours are from 8 a.m. 

to 5 p.m., E.T., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

I. Background 

FMCSA has current statutory 

authority under 49 U.S.C. 31502 and 

31136 to determine the physical 

qualifications of interstate CMV drivers. 

The physical qualifications regulations 

for commercial motor vehicle (CMV) 

drivers in interstate commerce are found 

in 49 CFR 391.41. Section 391.43 

contains instructions to medical 

examiners for performing physical 

examinations of CMV drivers. FMCSA 

medical standards and guidelines are 

critical medical program components in 

accomplishing FMCSA’s mission to 

reduce crashes, injuries, and fatalities 

involving large trucks and buses. 

In 2005, Congress passed the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act; A Legacy for 

Users (SAFETEA–LU) (Pub. L. 109–59). 

Section 4116 (a) of SAFETEA–LU 

(codified at 49 U.S.C. 31149) required 

FMCSA to establish the MRB to provide 

scientific advice on matters related to 

CMV driver health and safety. The 

Charter for the MRB was originally 

approved and filed with the General 

Services Administration on September 

20, 2005 [FR 70 57642], and renewed on 

November 2, 2007. 

The MRB promotes CMV safety by 

providing science-based medical 

expertise on the medical qualification of 

CMV drivers, reviewing and revising 

medical standards, and interpreting 

medical research. These activities 

address the appropriateness and 

viability of the medical standards in the 

Federal Motor Carrier Safety 

Regulations, the framework that relates 

driver health to safe CMV operation. 

The MRB assesses and provides 

recommendations to FMCSA about 

regulations that may need to be changed 

or updated. FMCSA’s MRB provides 

information, advice, and 

recommendations to the Secretary of 

Transportation and the FMCSA 

Administrator on the development and 

implementation of science-based 

physical qualification standards 

applicable to interstate CMV drivers, 

and implementation of a national 

registry of medical examiners. The MRB 

does not hold regulatory development 

responsibilities, manage programs, or 

make decisions affecting such programs. 

The MRB provides a forum for the 

development, consideration, and 

communication of information from a 

knowledgeable, scientific perspective. 

The MRB began operations in February 

2006, with formal deliberations 

beginning in August 2006. The MRB 

meets 3–4 times each year and has 

issued many recommendations on 

cardiovascular diseases, seizure 

disorders, musculoskeletal diseases, and 

other topics pertinent to the certified 

driver medical examination. 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Notices 34629 

II. Request for Applications 

FMCSA seeks physicians from many 

different medical specialties to develop 

science-based CMV physical 

qualification standards, medical 

advisory criteria and safety policies. As 

members of the Agency’s MRB, 

physicians will provide expert guidance 

on medical guidelines and standards. 

FMCSA is committed to appointing 

physicians with diverse professional 

backgrounds, and taking into account 

gender, ethnicity, demographic and 

socioeconomic factors. To be eligible for 

appointment, physicians must: (a) Be a 

U.S. citizen; (b) not be a Federal 

government employee; (c) have a U.S. 

medical license (as a Medical Doctor or 

Doctor of Osteopathy) and is in good 

standing; with a State medical licensing 

authority; and (d) be able to attend three 

to four face-to-face meetings a year, 

three to five 1 hour teleconferences, and 

spend approximately 5 hours per month 

providing additional consultation. 

Interested physicians should have a 

commitment to transportation safety 

and health, an understanding of 

evidence-based medicine and research 

methods, knowledge of transportation 

medical issues, history of excellence in 

original medical research demonstrated 

through publications in peer-reviewed 

journals, experience on panels that 

develop medical standards, and a record 

of leadership activities in transportation 

safety and medical professional 

organizations. 

MRB members are special government 

employees under the Federal Advisory 

Committee Act of 1972, Public Law 92– 

463. While attending meetings or 

conducting business of the Committee, 

expenses for travel and subsistence or 

per diem allowances will be paid by 

FMCSA. 

Applications should be submitted 

online at http://www.mrb.fmcsa.dot.gov. 

For additional information, please 

contact Jennifer Musick at 703–998– 

0189, extension 237, or via e-mail at 

contactmrb@dot.gov. FMCSA will 

accept applications through August 17, 

2009, and will periodically call for 

applications as the MRB work 

continues. 

Issued on: June 29, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–16888 Filed 7–15–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Federal Aviation Administration (FAA) 

Sponsored Technical Standard Order 

(TSO) National Workshop 

AGENCY: Federal Aviation 

Administration (DOT). 

ACTION: Notice of national public 

workshop. 

SUMMARY: This FAA sponsored 

workshop will bring together 

individuals from FAA Headquarters, 

Certification Directorates, including the 

Aircraft Certification Offices, Industry 

and other Aviation Authorities 

including the European Aviation Safety 

Agency (EASA), and Transport Canada 

Civil Aviation (TCCA) for a 

collaborative discussion about TSO/ 

European (E)TSO programs. 

The workshop will include 

presentations on: 

• The Technical Standard Order 

(TSO) and European Technical Standard 

Order (ETSO) programs, which will 

include discussions on: 

• An overview of the data from the 

TSOA Holder evaluations; 

• Survey results on the TSO program; 

• Gaps in the TSO/ETSO programs; 

• Future Initiatives. 

Who should attend: 

• Aviation Authorities who work 

with TSOs/ETSOs. 

• Industry participants who work 

with TSOs/ETSOs, including: 

• Avionics manufacturers; 

• TSO/ETSO installers (i.e. Original 

Equipment Manufacturers (OEMs) and 

Supplemental Type Certificate (STC) 

holders). 

DATES: 

2009—WORKSHOP SCHEDULE

Tuesday ....................................... September 1 ................................ Aviation Authorities Only (FAA, EASA, TCCA) 8:30 a.m.–4 p.m. 

Wednesday .................................. September 2 ................................ Open to all 8:30 a.m.–4 p.m. 

Thursday ...................................... September 3 ................................ Aviation Authorities Only (FAA, EASA, TCCA) 8:30 a.m.–4 p.m. 

ADDRESSES: The workshop will be held 

at the FAA Southern Regional Office, 

located at 1701 Columbia Ave., College 

Park, GA 30337. 

WORKSHOP INFORMATION: Attendance at 

the conference will be limited to 350 

participants. There is no charge for this 

workshop, however all participants 

must be registered in advance, no later 

than August 7, 2009. Agenda, Hotel, and 

Registration Information will be posted 

at: http://www.faa.gov/aircraft/air_cert/ 

design_approvals/tso/. You may e-mail 

us at: 9–AWA–AVS–TSO– 

Workshop@faa.gov if you have 

questions. 

Issued in Washington, DC, July 9, 2009. 

Susan J. M. Cabler, 

Assistant Manager, Aircraft Engineering 

Division, Aircraft Certification Service. 

[FR Doc. E9–16809 Filed 7–15–09; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 of the 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. 

Norfolk Southern Corporation 

[Waiver Petition Docket Number FRA–2009– 

0064] 

Norfolk Southern Corporation (NS) 

has petitioned FRA for a waiver from 49 

CFR 213.113(a) to permit variance from 

the accepted practice of stop/start rail 

test hand verification for a continuous 

rail test pilot project. The pilot project 

will be conducted for a period of 2 years 

on all main line tracks of the CNO & TP 

on the Central division between 

Cincinnati, Ohio and Chattanooga, 

Tennessee, milepost limits 2.4 to 338.2. 

NS also states that prior to beginning the 

pilot project, the Central division main 

tracks will be rail tested with a 

conventional stop/start rail test vehicle 

and any normally scheduled intervals 

during the pilot project will be 

maintained by convention stop/start rail 

test vehicle. 

The continuous high speed rail test 

vehicle will be a self propelled railbound ultrasound Sperry car operating 

at speeds up to 25 miles per hour in 

non-stop mode making weekly runs. 

Upon completion of each run, data will 


erowe on DSK5CLS3C1PROD with NOTICES