30-day Comment Request Federal Register Notice

Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices
Epstein, Attorney-Adviser, Office of the
Legal Adviser, U.S. Department of State
(telephone: 202/453–8048). The address
is U.S. Department of State, SA–44, 301
4th Street, SW., Room 700, Washington,
DC 20547–0001.
Dated: July 20, 2009.
C. Miller Crouch,
Acting Assistant Secretary for Educational
and Cultural Affairs, Department of State.
[FR Doc. E9–17912 Filed 7–27–09; 8:45 am]
BILLING CODE 4710–05–P

DEPARTMENT OF STATE
[Public Notice 6709]

Waiver of Restriction on Assistance to
the Central Government of the Kyrgyz
Republic
Pursuant to section 7088(c)(2) of the
Department of State, Foreign
Operations, and Related Programs
Appropriations Act, 2009 (Division H,
Pub. L. 111–8) (‘‘the Act’’), and
Department of State Delegation of
Authority Number 245–1, I hereby
determine that it is important to the
national interest of the United States to
waive the requirements of section
7088(c)(1) of the Act with respect to the
Government of the Kyrgyz Republic,
and I hereby waive such restriction.
This determination shall be reported
to the Congress, and published in the
Federal Register.
Dated: July 14, 2009.
Jacob L. Lew,
Deputy Secretary of State for Management
and Resources, Department of State.
[FR Doc. E9–17911 Filed 7–27–09; 8:45 am]
BILLING CODE 4710–46–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2009–0170]

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AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit to
the Office of Management and Budget
(OMB) for approval its request to revise

19:36 Jul 27, 2009

Jkt 217001

FOR FURTHER INFORMATION CONTACT: Ms.
Vivian Oliver, Office of Research and
Information Technology, Department of
Transportation, Federal Motor Carrier
Safety Administration, West Building
6th Floor, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. Telephone:
202–366–2974; e-mail
[email protected].
SUPPLEMENTARY INFORMATION:

Agency Information Collection
Activities; Revision of a Currently
Approved Information Collection
Request: Annual and Quarterly Report
of Class I Motor Carriers of
Passengers (OMB 2139–0003)

VerDate Nov<24>2008

a currently approved information
collection request (ICR) entitled,
‘‘Annual and Quarterly Report of Class
I Motor Carriers of Passengers.’’ This
information collection is necessary to
ensure that motor carriers comply with
financial and operating statistics
requirements at chapter III of title 49
CFR part 369 entitled, ‘‘Reports of Motor
Carriers.’’ On March 24, 2009, FMCSA
published a Federal Register notice (at
74 FR 12436) allowing for a 60-day
comment period on the revision of this
ICR. The comment received in response
to the notice expressed support for this
ICR.
DATES: Please send your comments by
August 27, 2009. OMB must receive
your comments by this date in order to
act quickly on the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2009–0170. Interested persons
are invited to submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the attention of
the Desk Officer, Department of
Transportation/Office of the Secretary,
and sent via electronic mail to
[email protected], or faxed
to (202) 395–6974, or mailed to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Docket Library, Room 10102,
725 17th Street, NW., Washington, DC
20503.

Title: Annual and Quarterly Report of
Class I Motor Carriers of Passengers
(formerly OMB Control Number 2139–
0003).
OMB Control Number: 2126–0031.
Type of Request: Revision of a
currently-approved information
collection request.
Respondents: Class I Motor Carriers of
Passengers.
Estimated Number of Respondents: 6.
Estimated Time per Response: 18
minutes per response.
Expiration Date: 09/30/2009.
Frequency of Response: Quarterly and
annually.

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Estimated Total Annual Burden: 9
hours [30 responses × 18 minutes per
response/60 minutes = 9].
Background: For-hire Class I motor
carriers of passengers (including
interstate and intrastate) 1 are required
to file Motor Carrier Annual and
Quarterly Reports (Form MP–1) that
provide financial and operating data
(see 49 U.S.C. 14123; and implementing
FMCSA regulations at 49 CFR part 369).
The agency uses this information to
assess the health of the industry and
identify industry changes that may
affect national transportation policy.
The data also show company financial
stability and traffic patterns. Motor
carriers of passengers required to
comply with the regulations are
classified on the basis of their annual
gross carrier operating revenues. Under
the Financial & Operating Statistics
(F&OS) program, the FMCSA collects
balance sheet and income statement
data along with information on tonnage,
mileage, employees, transportation
equipment, and other related data.
The data and information collected is
made publicly available as prescribed in
49 CFR part 369. Class I motor carriers
are required by 49 U.S.C. 14123 to file
annual financial reports with the
Secretary. The Secretary has exercised
his discretion under section 14123 to
also require Class I property carriers
(including dual-property carriers), Class
I household goods carriers and Class I
passengers carriers to file quarterly
reports.
Over the years, the regulations were
formerly administered by the Interstate
Commerce Commission (ICC), but the
ICC Termination Act of 1995 (ICCTA)
(Pub. L. 104–88, 109 Stat. 803 (Dec. 29,
1995); now codified at 49 U.S.C. 14123)
abolished the ICC and transferred the
responsibility for collecting and
disseminating motor carrier financial
information to the Secretary of
Transportation (Secretary). On
September 30, 1998, the Secretary
delegated and transferred the authority
1 For purposes of the Financial & Operating
Statistics (F&OS) program, passenger carriers are
classified into the following two groups; (1) Class
I carriers are those having average annual gross
transportation operating revenues (including
interstate and intrastate) of $5 million or more from
passenger motor carrier operations after applying
the revenue deflator formula as shown in the Note
at 49 CFR 369.3; and (2) Class II passenger carriers
are those having average annual gross
transportation operating revenues (including
interstate and intrastate) of less than $5 million
from passenger motor carrier operations after
applying the revenue deflator formula as shown in
the Note at 49 CFR 369.3. Only Class I carriers of
passengers are required to file the Annual and
Quarterly Report Form MP–1. Class II passenger
carriers, however, must notify the agency when
there is a change in their classification or their
revenues exceed the Class II limit.

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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices

to administer the F&OS program to the
former Bureau of Transportation
Statistics (BTS), now a part of the
Research and Innovative Technology
Administration (RITA), to former
Chapter XI, subchapter 13 of 49 CFR
part 1420 (63 FR 52192).
On September 29, 2004, the Secretary
transferred the responsibility for the
F&OS program from BTS to FMCSA in
the belief that the program was more
aligned with FMCSA’s safety mission
and its other motor carrier
responsibilities (69 FR 51009). On
August 10, 2006 (71 FR 45740), the
Secretary published a final rule that
transferred and redesignated the motor
carrier financial and statistical reporting
regulations of BTS that were formerly
located at chapter XI of title 49 CFR to
FMCSA in 49 chapter III of title 49 CFR
part 369.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The Agency will
summarize and/or include your
comments in the request for OMB’s
clearance of this information collection
request.
Issued on July 16, 2009.
David Anewalt,
Acting Associate Administrator, Research
and Information Technology.
[FR Doc. E9–17956 Filed 7–27–09; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket ID. FMCSA–2009–0174]

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Qualification of Drivers; Exemption
Applications; Diabetes
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA).
ACTION: Notice of applications for
exemptions from the diabetes standard;
request for comments.
SUMMARY: FMCSA announces receipt of
applications from 41 individuals for
exemptions from the prohibition against
persons with insulin-treated diabetes
mellitus (ITDM) operating commercial
motor vehicles (CMVs) in interstate
commerce. If granted, the exemptions

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would enable these individuals with
ITDM to operate commercial motor
vehicles in interstate commerce.
DATES: Comments must be received on
or before August 27, 2009.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2009–0174 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: 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 ID 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
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review the DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19476). This information is also
available at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Mary D. Gunnels, Director, Medical
Programs, (202) 366–4001,
[email protected], FMCSA,
Department of Transportation, 1200
New Jersey Avenue, SE., Room W64–

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224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5
p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:

Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for a
2-year period 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.’’ The statutes
also allow the Agency to renew
exemptions at the end of the 2-year
period. The 41 individuals listed in this
notice have recently requested an
exemption from the diabetes prohibition
in 49 CFR 391.41(b)(3), which applies to
drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate
the qualifications of each applicant to
determine whether granting the
exemption will achieve the required
level of safety mandated by the statutes.
Qualifications of Applicants
Michael D. Arnold
Mr. Arnold, age 56, has had ITDM
since 2004. His endocrinologist
examined him in 2009 and certified that
he has had no hypoglycemic reactions
resulting in loss of consciousness,
requiring the assistance of another
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. Arnold meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2009 and certified that
he does not have diabetic retinopathy.
He holds a Class B Commercial Driver’s
License (CDL) from Ohio.
Michael F. Arthur
Mr. Arthur, 43, has had ITDM since
2001. His endocrinologist examined him
in 2009 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Arthur meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2008
and certified that he does not have

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