Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices 34393 

1 73 FR 8,737, 8,737–38, 8,739 (Feb. 14, 2008) 

(JFK); 73 FR 29,550, 29,554–55 (May 21, 2008). 

automatically stay the effectiveness of 

the exemption. Stay petitions must be 

filed no later than July 22, 2009 (at least 

7 days before the exemption becomes 

effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35256, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, one copy of each 

pleading must be served on Louis E. 

Gitomer, 600 Baltimore Ave., Suite 301, 

Towson, MD 21204. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: July 9, 2009. 

By the Board. 

Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–16616 Filed 7–14–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Sunshine Act Meetings; Unified Carrier 

Registration Plan Board of Directors 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

TIME AND DATE: August 6, 2009, 12 noon 

to 3 p.m., Eastern Daylight Time. 

PLACE: This meeting will take place 

telephonically. Any interested person 

may call Mr. Avelino Gutierrez at (505) 

827–4565 to receive the toll free number 

and pass code needed to participate in 

these meetings by telephone. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: The 

Unified Carrier Registration Plan Board 

of Directors (the Board) will continue its 

work in developing and implementing 

the Unified Carrier Registration Plan 

and Agreement and to that end, may 

consider matters properly before the 

Board. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Avelino Gutierrez, Chair, Unified 

Carrier Registration Board of Directors at 

(505) 827–4565. 

Issued on: July 9, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–16902 Filed 7–13–09; 11:15 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration (FAA) 

[Dockets No. FAA–2007–29320 and FAA– 

2008–0221] 

Operating Limitations at John F. 

Kennedy International Airport and 

Newark Liberty International Airport 

ACTION: Notice of limited waiver of the 

slot usage requirement. 

SUMMARY: This action announces a 

limited waiver of the minimum usage 

requirements that apply to Operating 

Authorizations at John F. Kennedy 

International Airport (JFK) and Newark 

Liberty International Airport (EWR) for 

nonstop flights to or from Mexico. This 

policy is effective from April 27, 2009, 

through September 12, 2009. 

DATES: Effective Date: effective upon 

publication. 

FOR FURTHER INFORMATION CONTACT: 

James Tegtmeier, Associate Chief 

Counsel for the Air Traffic Organization; 

telephone—(202) 267–8323; e-mail— 

james.tegtmeier@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 1, the Air Transport 

Association (ATA) requested a partial 

waiver of the minimum slot usage 

requirements at JFK and EWR. The ATA 

requested relief for flights between 

points in Mexico and JFK or EWR, citing 

the recent incidence of H1N1 influenza 

that has affected the number of airline 

passengers traveling to and from cities 

in Mexico. ATA also cites actions by the 

U.S. Centers for Disease Control and 

Prevention (CDC), the World Health 

Organization, and the Mexican 

government to address the H1N1 

outbreak, which have limited passenger 

demand for flights to Mexico. 

According to ATA, demand had fallen 

by approximately 50 percent and future 

bookings were ‘‘vastly reduced.’’ ATA 

represented that the relief is necessary 

to address an unexpected and 

extraordinary disruption of travel 

demand and service. ATA sought a 

waiver of the minimum usage 

requirements on flights to and from 

Mexico, as well as to and from any other 

country to which the CDC recommends 

against unnecessary travel. The CDC 

issued such a recommendation 

regarding non-essential travel to and 

from Mexico on April 27. The CDC 

withdrew its recommendation on May 

15, narrowing its travel-related, 

precautionary advice to the population 

that is at risk for complications from the 

virus. 

Under the FAA’s orders limiting 

scheduled operations at the airports, 

slots must be used at least 80 percent of 

the time or they will be withdrawn and 

will not receive historic precedence for 

the following scheduling season.1 The 

FAA may grant a waiver from the 

minimum usage requirements in highly 

unusual and unpredictable conditions 

that are beyond the control of the carrier 

and affect carrier operations for a period 

of five consecutive days or more. 

Statement of Policy 

The FAA has determined that the 

circumstances surrounding the outbreak 

of the H1NI flu meet the criteria for a 

limited waiver of the applicable 

minimum slot usage requirements. On 

April 27, the CDC issued a Travel 

Health Warning recommending against 

non-essential travel to Mexico. The CDC 

downgraded this warning on May 15 to 

a Travel Health Precaution, urging 

travelers to take steps to protect against 

contracting the H1NI flu and to consider 

postponing travel if the traveler is in a 

population that is at risk for 

complications from the virus. 

We have evaluated the effect of the 

CDC recommendations on carriers that 

conduct scheduled service to affected 

airports. Our review of carrier schedules 

at JFK, EWR, and other airports shows 

that carriers have cancelled flights or 

adjusted frequencies for various dates 

through the summer season. Many 

carriers have also adopted policies to 

allow limited flexibility for passengers 

to change or cancel reservations for 

Mexico flights. Carriers are assessing 

demand to determine when or if to 

restore flights to points in Mexico. At 

the same time, overall demand for 

flights in the New York City area 

remains strong, and several carriers are 

seeking slots for new or expanded 

service. As a result, carriers that have 

cancelled service to Mexico could use 

the slots to serve other markets or to 

enter into agreements to have other 

carriers use their slots for a period of 

time. 

The FAA has decided to grant the 

waiver until September 12, because 

many carriers have significant schedule 

changes during that month. This would 

also afford affected carriers a period of 

time to arrange for the continued use of 

the operating authority at or above the 

minimum use threshold, either by 

adding service to unaffected locations or 

by leasing or trading the operating 

authority to another carrier that can 

conduct such service. This slot usage 

waiver applies only to nonstop flights 


sroberts on DSKD5P82C1PROD with NOTICES
34394 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices 

1There are no mileposts on the line. The City 

constructed the line as part of the development of 

an industrial park in the Temple Reinvestment 

Zone and has licensed TC to provide operations 

over the line. 

2TC states there are no interchange commitments 

or paper barriers in the license and operating 

agreement, nor will there be any interchange 

commitments or paper barriers in the interchange 

agreement with BNSF. 

scheduled between JFK or EWR and a 

point in Mexico during the effective 

dates of this policy and only to flights 

that were available for sale prior to 

April 27, 2009. 

Carriers must identify to the FAA’s 

Slot Administration Office the dates for 

which the waiver is requested and 

provide the flight number, origin/ 

destination airport, scheduled time of 

operation, and the slot identification 

number. By August 14, carriers should 

identify qualified cancelled flights for 

the period from April 27 through 

August 2. Beginning August 3, carriers 

must provide advance notice of 

cancellations to the FAA Slot 

Administration Office in order to obtain 

a waiver. Information should be 

provided to the Slot Administration 

Office by e-mail at 7-awaslotadmin@faa.gov or by facsimile at 

(202) 267–7277. 

Issued in Washington, DC on July 7, 2009. 

Rebecca B. MacPherson, 

Assistant Chief Counsel for Regulations. 

[FR Doc. E9–16512 Filed 7–14–09; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35255] 

Temple & Central Texas Railway, Inc.— 

Operation Exemption—City of 

Temple, TX 

Temple & Central Texas Railway, Inc. 

(TC), a noncarrier, has filed a verified 

notice of exemption under 49 CFR 

1150.31 to operate about 7.7 miles of 

unmarked rail line (the line) owned by 

the City of Temple (the City), in Bell 

County, TX.1 TC states that it intends to 

interchange traffic with BNSF Railway 

Company (BNSF).2

This transaction is related to a 

concurrently filed verified notice of 

exemption for Patriot Rail, LLC, Patriot 

Rail Holdings LLC, and Patriot Rail 

Corp. to continue in control of TC upon 

TC’s becoming a Class III rail carrier. 

See STB Finance Docket No. 35256, 

Patriot Rail, LLC, Patriot Rail Holdings 

LLC, and Patriot Rail Corp.— 

Continuance in Control Exemption— 

Temple & Central Texas Railway, Inc. 

The transaction is expected to be 

consummated on or after August 1, 

2009. 

TC certifies that its projected annual 

revenues as a result of the transaction 

will not result in TC becoming a Class 

II or Class I rail carrier and further 

certifies that its projected annual 

revenue will not exceed $5 million. 

Pursuant to the Consolidated 

Appropriations Act, 2008, Public Law 

110–161, § 193, 121 Stat. 1844 (2007), 

nothing in this decision authorizes the 

following activities at any solid waste 

rail transfer facility: Collecting, storing 

or transferring solid waste outside of its 

original shipping container; or 

separating or processing solid waste 

(including baling, crushing, compacting 

and shredding). The term ‘‘solid waste’’ 

is defined in section 1004 of the Solid 

Waste Disposal Act, 42 U.S.C. 6903. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Petitions for stay must 

be filed no later than July 22, 2009 (at 

least 7 days before the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35255, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, a copy of each 

pleading must be served on Louis E. 

Gitomer, 600 Baltimore Ave., Suite 301, 

Towson, MD 21204. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: July 9, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–16633 Filed 7–14–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–1998–4334; FMCSA– 

2000–7918; FMCSA–2001–9561; FMCSA– 

2003–14223; FMCSA–2003–14504; FMCSA– 

2005–20027; FMCSA–2005–20560; FMCSA– 

2006–25246; FMCSA–2007–26653] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 28 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision requirement if the 

exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemption renewals will provide a level 

of safety that is equivalent to, or greater 

than, the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

DATES: This decision is effective August 

8, 2009. Comments must be received on 

or before August 14, 2009. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

1998–4334; FMCSA–2000–7918; 

FMCSA–2001–9561; FMCSA–2003– 

14223; FMCSA–2003–14504; FMCSA– 

2005–20027; FMCSA–2005–20560; 

FMCSA–2006–25246; FMCSA–2007– 

26653, using 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 or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., 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 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 


sroberts on DSKD5P82C1PROD with NOTICES