60-day Federal Register Notice

Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices
asterisks, where business confidential
information was redacted or deleted
from the applicable sentences to
http://www.regulations.gov. Business
confidential submissions that are
submitted without the required
markings, or are not accompanied by a
properly marked non-confidential
version, as set forth above, might not be
accepted or may be considered public
documents. The non-confidential
summary will be placed in the docket
and open to public inspection.
III. Public Viewing of Review
Submissions
Submissions in response to this
notice, except for information granted
‘‘business confidential’’ status under 15
CFR 2003.6, will be available for public
viewing pursuant to 15 CFR 2007.6 at
http://www.regulations.gov upon
completion of processing and no later
than approximately two weeks after the
relevant due date. Such submissions
may be viewed by entering the docket
number USTR–2009–0015 in the search
field at: http://www.regulations.gov.
Marideth Sandler,
Executive Director, GSP Program, Chairman,
GSP Subcommittee of the Trade Policy Staff
Committee.
[FR Doc. E9–12406 Filed 5–27–09; 8:45 am]
BILLING CODE 3190–W9–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2009–0112]

Agency Information Collection (IC)
Activities; Extension of a Currently
Approved Collection: Training
Certification for Entry-Level
Commercial Motor Vehicle Operators
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
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for
review and approval, and invites public
comment. The FMCSA requests
approval to extend an ICR entitled,
‘‘Training Certification for Entry-Level
Commercial Motor Vehicle Operators.’’
There is no change from the burden
estimate approved by OMB on March
11, 2008.

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DATES: We must receive your comments
on or before July 27, 2009.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket Number
FMCSA–2009–0112 by 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 20590–0001 between 9 a.m. and 5
p.m., e.t. 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 to
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue, SE., Washington, DC, 20590–
0001 between 9 a.m. and 5 p.m., e.t.
Monday through Friday, except Federal
holidays. The FDMS is available 24
hours each day, 365 days each year. If
you want acknowledgement that we
received your comments, please include
a self-addressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting them
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 DOT’s complete
Privacy Act Statement in the Federal
Register on April 11, 2000 (65 FR
19476). This information is also
available at http://docketsinfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Yager, Chief, Driver and Carrier
Operations Division, Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue, SE., Washington,
DC, 20590–0001. Telephone: 202–366–
4325. E-mail: [email protected].

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SUPPLEMENTARY INFORMATION:

Background: The Commercial Motor
Vehicle Safety Act of 1986 (CMVSA) (49
U.S.C. 31301 et seq.) established
national minimum testing and licensing
standards for operators of large trucks
and buses. Congress sought to ensure
that drivers of large trucks and buses
possessed the knowledge and skills
necessary to operate these vehicles. The
CMVSA established the ‘‘Commercial
Drivers License’’ (CDL) program and
directed the Federal Highway
Administration (FHWA), FMCSA’s
predecessor agency, to establish
minimum Federal standards that States
must meet when licensing CMV drivers.
The CMVSA applies to most operators
of CMVs in interstate or intrastate
commerce, including employees of
Federal, State and local governments.
Section 4007(a)(2) of the Intermodal
Surface Transportation Efficiency Act of
1991 (ISTEA) (Pub. L. 102–240,
December 18, 1991) directed the FHWA
to ‘‘commence a rulemaking proceeding
on the need to require training of all
entry-level drivers of CMVs.’’ On June
21, 1993, the FHWA published in the
Federal Register an advance notice of
proposed rulemaking entitled,
‘‘Commercial Motor Vehicles: Training
for All Entry Level Drivers’’ (58 FR
33874). The Agency also began a study
of the effectiveness of the training of
entry-level drivers by the private sector.
The results of the study were published
in 1997 under the title ‘‘Adequacy of
Commercial Motor Vehicle Driver
Training,’’ and are available in FMCSA
Docket 1997–2199. The study found that
the heavy truck, motor coach, and
school bus segments of the industry
were not providing adequate entry-level
training.
On August 15, 2003, FMCSA
published a notice of proposed
rulemaking (NPRM) entitled,
‘‘Minimum Training Requirements for
Entry-Level Commercial Motor Vehicle
Operators’’ (68 FR 48863). The Agency
proposed mandatory training for
operators of CMVs in four areas: Driver
qualifications, hours-of-service of
drivers, driver wellness and whistleblower protection. Training in these
topics was not required at that time, and
the Agency believed that knowledge of
these areas was crucial to CMV safety.
On May 21, 2004, FMCSA published a
final rule with the same title as the
NPRM (69 FR 29384). The Agency
mandated training for all CDL operators
in the four subject areas, effective July
20, 2004, despite litigation over the final
rule in the U.S. Court of Appeals for the
D.C. Circuit. While the court ordered a
remand so the Agency could review the
matter, the court did not vacate the rule.

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Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Notices

Consequently, the final rule is currently
in effect (Advocates for Highway and
Auto Safety v. Federal Motor Carrier
Safety Administration, 429 F. 3d1136
(D.C.Cir. 2005).
Title: Training Certification for EntryLevel Commercial Motor Vehicle
Operators
OMB Control Number: 2126–0028.
Type of Request: Extension of an IC.
Respondents: Entry-level CDL drivers.
Estimated Number of Respondents:
45,611.
Estimated Time per Response: 10
minutes.
Expiration Date: September 30, 2009.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
7,602 hours. FMCSA estimates that an
entry-level driver requires
approximately 10 minutes to complete
the tasks necessary to comply with the
regulation. Those tasks are:
Photocopying the training certificate,
giving the photocopy to the motor
carrier employer, and placing the
original of the certificate in a personal
file. Therefore, the annual burden for all
entry-level drivers is 7,602 hours
[45,611 respondents × 10 minutes/60
minutes to complete a response =
7,601.8 hours (rounded to 7,602 hours)].
Definitions: ‘‘Commercial Motor
Vehicle (CMV)’’: A motor vehicle
operated in commerce and having a
gross vehicle weight rating of 26,001
pounds or more, regardless of actual
weight, or designed to transport 16 or
more passengers, or used to transport
placardable and dangerous hazardous
materials (49 CFR 383.5). The term
‘‘CMV’’ is limited to this definition in
this document; the term ‘‘CDL driver’’ is
used because the operators of these
CMVs are required to have a valid
commercial driver’s license (CDL). This
rule currently applies solely to ‘‘entrylevel’’ CDL drivers, i.e., those who have
less than one year of experience
operating a CMV (49 CFR 380.502(b)).
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 FMCSA’s performance
of 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 or include your comments in
the request for OMB’s clearance of this
information collection.

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Issued on: May 20, 2009.
David T. Anewalt,
Acting Associate Administrator, Research
and Information Technology.
[FR Doc. E9–12326 Filed 5–27–09; 8:45 am]
BILLING CODE 4910–EX–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.
Terminal Railroad Association of Saint
Louis
(Waiver Petition Docket Number FRA–
2009–0026)
The Terminal Railroad Association of
Saint Louis (TRRA) seeks a permanent
waiver of compliance with the
Locomotive Safety Standards, 49 CFR
229.21(a), as it pertains to the record
keeping requirement for locomotive
daily inspection reports. If their request
is granted, TRRA will file the required
report electronically in a secure
centralized database that would be set
up to track and store the daily
inspection records for the required 92
days. The railroad states that each
employee performing the inspections
would be provided a unique electronic
identification which will be utilized in
place of the signature. All requirements,
date, time location, person conducting
inspection, and any non-complying
conditions will be reported
electronically. TRRA utilizes an
onboard record of daily inspection and
will continue to do so if their request is
granted.
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

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appropriate docket number (e.g., Waiver
Petition Docket Number FRA–2009–
0026) 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
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78).
Issued in Washington, DC, on May 20,
2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E9–12327 Filed 5–27–09; 8:45 am]
BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Project Number STP–0022–01 (059)]

Environmental Impact Statement:
Harrison, Jackson, Stone, Perry,
George, and Greene Counties, MS
AGENCY: Federal Highway
Administration (FHWA), Department of
Transportation (DOT).
ACTION: Revision to the Original Notice
of Intent.
SUMMARY: The Federal Highway
Administration is issuing this revised

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