30-day Federal Register Notice

Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices
(53) Kendall S. George, July 13, 2007,
U.S. District Court, Western District
of Washington, Case # CR06–
0205RSM.
As noted above, at the end of the threeyear period following the date of
conviction, the above named persons/
entities remain debarred unless export
privileges are reinstated.
Debarred persons are generally
ineligible to participate in activity
regulated under the ITAR (see, e.g.,
sections 120.1(c) and (d), and 127.11(a)).
Also, under Section 127.1(c) of the
ITAR, any person who has knowledge
that another person is subject to
debarment or is otherwise ineligible
may not, without disclosure to and
written approval from the Directorate of
Defense Trade Controls, participate,
directly or indirectly, in any export in
which such ineligible person may
benefit therefrom or have a direct or
indirect interest therein.
This notice is provided for purposes
of making the public aware that the
persons listed above are prohibited from
participating directly or indirectly in
activities regulated by the ITAR,
including any brokering activities and
in any export from or temporary import
into the United States of defense
articles, related technical data, or
defense services in all situations
covered by the ITAR. Specific case
information may be obtained from the
Office of the Clerk for the U.S. District
Courts mentioned above and by citing
the court case number where provided.
Dated: August 17, 2009.
Andrew J. Shapiro,
Assistant Secretary, Bureau of PoliticalMilitary Affairs, Department of State.
[FR Doc. E9–20443 Filed 8–24–09; 8:45 am]
BILLING CODE 4710–25–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2009–0183]

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Agency Information Collection
Activities; Extension of a CurrentlyApproved Information Collection
Request: Training Certification for
Entry-Level Commercial Motor Vehicle
(CMV) 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 to

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the Office of Management and Budget
(OMB) for approval its request to extend
a currently-approved information
collection request (ICR) entitled,
‘‘Training Certification for Entry-level
CMV Operators,’’ that relates to the
training requirements for drivers
applying for a commercial driver’s
license (CDL). There is no change from
the burden estimate approved by OMB
for this ICR on March 11, 2008. On May
28, 2009, FMCSA published a Federal
Register notice (74 FR 25607) allowing
for a 60-day comment period on the
extension of this ICR. The Agency did
not receive any comments in response
to this notice.
DATES: Please send your comments by
September 24, 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–2009–0183. 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], 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.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Yager, Chief, Driver and Carrier
Operations Division, FMCSA, 1200 New
Jersey Avenue, SE., Washington, DC
20590. Telephone: (202) 366–4325. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Title: Training Certification for EntryLevel Commercial Motor Vehicle
Operators.
OMB Control Number: 2126–0028.
Type of Request: Extension of a
currently-approved information
collection request.
Respondents: Entry-level CMV
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:

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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 of CMVs 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 1 year of experience operating
a CMV in interstate commerce (49 CFR
380.502(b)).
Background:
The Motor Carrier Act of 1935
provides that ‘‘The Secretary of
Transportation may prescribe
requirements for (1) qualifications and
maximum hours of service of employees
of, and safety of operation and
equipment of, a motor carrier; and (2)
qualification and maximum hours of
service of employees of, and standards
of equipment of, a motor private carrier,
when needed to promote safety of
operation’’ [49 U.S.C. 3502(b)]. This Act
is applicable to interstate commerce and
not intrastate commerce. The
Commercial Motor Vehicle Safety Act of
1986 (CMVSA) created the CDL program
and defined ‘‘commerce’’ in such as way
as to include interstate and intrastate
operations (49 U.S.C. 31302(2),(4)].
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.’’ The
Congress did not explicitly provide that
ISTEA extended to operations in
intrastate commerce. In view of the
nature of the concurrent authority
created by the CMVSA and the Motor
Carrier Act of 1935, and the absence of
direction from the Congress in ISTEA,
FMCSA has decided that entry-level
training requirements should be
confined to those drivers applying for a
CDL who intend to operate CMVs in
interstate commerce.

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Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Notices

The text of the 60-day notice of the
proposed extension of this ICB,
published on May 28, 2009 (74 FR
25607), failed to cite the Motor Carrier
Act of 1935, upon which this ICR is
primarily based. Today’s authority for
this driver training activity is cited
correctly and as it should have been
cited in that notice. There has been no
change in the statutory authority for this
training since publication of the 60-day
notice. For a more details of the
Agency’s analysis, see the section titled,
‘‘Legal Basis for the Rulemaking,’’ on
the first page of the Notice of Proposed
Rulemaking titled, ‘‘Minimum Training
Requirements for Entry-Level CMV
Operators’’ (72 FR 73226, December 26,
2007).
On May 21, 2004, by final rule,
FMCSA mandated training for all
interstate CDL operators in four subject
areas, effective July 20, 2004 (69 FR
29384). In 2005, the final rule was
challenged 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. Consequently, the 2004
final rule is currently in effect
(Advocates for Highway and Auto
Safety v. Federal Motor Carrier Safety
Administration, 429 F. 3d 1136 (D.C.Cir.
2005).
Public Comments Invited: You are
asked to comment on any aspect of this

information collection request,
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.
Issued on: August 18, 2009.
David Anewalt,
Acting Associate Administrator for Research
and Information Technology.
[FR Doc. E9–20391 Filed 8–24–09; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2009–0253; Notice No.
09–4]

Notice of Approval: Lithium Battery
Shipping Descriptions
Pipeline and Hazardous
Materials Safety Administration
(PHMSA).
ACTION: Notice of approval.
AGENCY:

SUMMARY: PHMSA is authorizing
persons who offer lithium metal and

lithium ion cells and batteries for
transportation in commerce, and
persons who transport lithium metal
and lithium ion cells and batteries in
commerce, to describe those articles in
the same manner as recently adopted in
international regulations. PHMSA will
consider adopting these alternate
shipping descriptions into the
Hazardous Materials Regulations at a
future date.
DATES: Effective Date: This notice of
approval is effective August 25, 2009.
FOR FURTHER INFORMATION CONTACT:
Donald Burger, Office of Hazardous
Materials Special Permits and
Approvals, Pipeline and Hazardous
Materials Safety Administration, U.S.
Department of Transportation, East
Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590–0001, telephone
(202) 366–4535.
SUPPLEMENTARY INFORMATION:

I. Background
The § 172.101 Hazardous Materials
Table (HMT) in the Hazardous Material
Regulations (HMR; 49 CFR Parts 171–
180) contains the following entries for
lithium batteries, which apply to both
lithium metal (primary; nonrechargeable) and lithium ion
(secondary; rechargeable) batteries:

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Lithium battery .............................................................................................................................
Lithium batteries contained in equipment ....................................................................................
Lithium batteries packed with equipment ....................................................................................

In 2006, the United Nations
Committee of Experts on the Transport
of Dangerous Goods adopted separate
entries for lithium metal and lithium
ion batteries (see chart below) into the
dangerous goods list in the Fifteenth
revised edition of the UN
Recommendations on the Transport of
Dangerous Goods, in order to
distinguish lithium metal from lithium
ion batteries. The International Civil
Aviation Organization (ICAO) and the
International Maritime Organization
subsequently adopted these entries into
their respective dangerous goods lists.
We did not adopt these new shipping
descriptions for lithium batteries in a
final rule published January 14, 2009
under Dockets HM–224D and HM–215J
(74 FR 2200) harmonizing the HMR
with recent changes to international
regulations because we had not
proposed these changes in the notice of
proposed rulemaking (NPRM) (73 FR
44803; July 31, 2008). In response to
comments to the NPRM that urged

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PHMSA to adopt the separate entries for
lithium metal and lithium ion batteries,
we noted that the HMR permit
compliance with the ICAO Technical
Instructions for the Safe Transport of
Dangerous Goods by Air (Technical
Instructions). Thus, the separate
shipping descriptions for lithium metal
and lithium ion batteries may be used
for air transportation, both domestically
and internationally, and for
transportation by motor vehicle and rail
immediately before or after being
transported by aircraft. [74 FR 2207] We
also stated we planned to complete an
assessment of the costs and benefits of
further restrictions and available
alternatives before developing
additional lithium battery rulemaking
proposals and therefore, PHMSA did
not adopt changes to the lithium battery
requirements including the separate
shipping descriptions. [74 FR 2207]
Since that time, we have concluded
that assigning the same shipping
descriptions to both lithium metal and

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lithium ion batteries, which are
regulated differently based on
differences in chemistry, functionality,
and behavior when exposed to a fire,
causes significant problems in
acceptance procedures for carriers and
may unnecessarily hinder or delay the
transportation of these products. While
the HMR permit the use of the ICAO
Technical Instructions as well as the
International Maritime Dangerous
Goods Code (IMDG Code) for domestic
transportation when a portion of the
transportation is by aircraft or vessel,
subsequent domestic transportation of
packages containing lithium batteries
remains difficult.
PHMSA is currently working on a
rulemaking intended to enhance the safe
transportation of lithium batteries. As
part of this rulemaking, we are
considering adoption of the
international shipping descriptions for
lithium metal and lithium ion batteries.
To facilitate commerce, however,
PHMSA believes shippers should be

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