Notice of Delay in Processing the Applications by American Trucking Associations, Inc. and the Massachusetts Department of Highways for a Preemption Determination Concerning the City of Boston's Hazardous Materials Routing Restrictions, 9328-9329 [E9-4453]

Download as PDF 9328 Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Notices Frallic, Airport Executive Director at the following address: Gulfport-Biloxi Regional Airport Authority, 14035–L Airport Road, Gulfport, MS 39503. FOR FURTHER INFORMATION CONTACT: William Schuller, Program Manager, Jackson Airports District Office, 100 West Cross Street, Suite B, Jackson, MS 39208–2307, (601) 664–9883. The land release request may be reviewed in person at this same location. SUPPLEMENTARY INFORMATION: The FAA is reviewing a request by the Gulfport Biloxi Regional Airport Authority to release 0.84 acres of surplus property at the Gulfport-Biloxi International Airport. The property will be purchased by the City of Gulfport, which is a municipality. The property fronts Airport Boulevard and will be used for widening an intersection on Airport Boulevard. The net proceeds from the sale of this property will be used for airport purposes. Any person may inspect the request in person at the FAA office listed above under FOR FURTHER INFORMATION CONTACT. In addition, any person may, upon request, inspect the request, notice and other documents germane to the request in person at the office of the Gulfport-Biloxi Regional Airport Authority. Issued in Jackson, Mississippi, on February 23, 2009. Rans D. Black, Manager, Jackson Airports District Office, Southern Region. [FR Doc. E9–4345 Filed 3–2–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statement: Chautauqua County, NY Federal Highway Administration (FHWA), DOT. ACTION: Revised notice of intent. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: The FHWA is issuing this revised notice to advise the public that FHWA will not be preparing an Environmental Impact Statement (EIS) for the proposed Millennium Parkway project in Chautauqua County, New York. A Notice of Intent to prepare an EIS was published in the Federal Register on December 27, 2007. FOR FURTHER INFORMATION CONTACT: Jeffrey W. Kolb, Division Administrator, Federal Highway Administration, New York Division, Leo W. O’Brien Federal Building, 9th Floor, Clinton Avenue and North Pearl Street, Albany, New York 12207, Telephone: (518) 431–4127. VerDate Nov<24>2008 16:42 Mar 02, 2009 Jkt 217001 Or Alan E. Taylor, Regional Director, NYSDOT Region 5; 100 Seneca Street, Buffalo NY 14203, Telephone: 716–847– 3238. Or George P. Spanos, P.E., Director, CCDPF, 454 North Work Street, Falconer, New York 14733, Telephone: (716) 661–8400. The FHWA, in cooperation with the New York State Department of Transportation (NYSDOT), and Chautauqua County Department of Public Facilities (CCDPF) will not prepare an EIS as previously intended on a proposal to progress the construction of the Millennium Parkway in Chautauqua County, New York. The purpose of the Millennium Parkway Project is to improve tractor-trailer truck traffic access to the industrial corridor, including the Chadwick Bay Industrial Park, from New York (NY) Route 60 (Bennett Road). Based upon further review of the project and related impacts it was determined that the scope of the project would be reduced to use an alignment that would be comprised of a combination of reconstruction of the existing portion of Talcott Street between NY Route 60 and CR 81, and the construction of a roadway on a new alignment, approximately 1000 meters through a previously disturbed, vacant area between CR 81 and CR 82. The improvements being considered will not have a significant impact on the environment. In light of the minimal environmental impacts a Categorical Exclusion with Documentation is being prepared to progress the project. SUPPLEMENTARY INFORMATION: (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 315; 23 CFR 771.123. Issued on: February 24, 2009. Jeffrey W. Kolb, Division Administrator, Federal Highway Administration, Albany, New York. [FR Doc. E9–4431 Filed 3–2–09; 8:45 am] BILLING CODE 4910–22–P PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2008–0204] Notice of Delay in Processing the Applications by American Trucking Associations, Inc. and the Massachusetts Department of Highways for a Preemption Determination Concerning the City of Boston’s Hazardous Materials Routing Restrictions AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice. SUMMARY: In accordance with statutory requirements, FMCSA is publishing a notice of delay in processing the American Trucking Associations, Inc.’s (ATA) and the Massachusetts Department of Highways’ applications for a preemption determination concerning the City of Boston’s restrictions regarding highway routing of certain hazardous materials. FMCSA is conducting fact-finding and legal analysis in response to the consolidated requests, and is delaying issuance of its determination in order to allow time for appropriate consideration of the issues raised by the applications. FOR FURTHER INFORMATION CONTACT: James Simmons, Chief, Hazardous Materials Division (MC–ECH), (202) 493–0496; Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590, or at james.simmons@dot.gov. SUPPLEMENTARY INFORMATION: ATA and the Massachusetts Department of Highways applied for an administrative determination concerning whether Federal hazardous material transportation law, 49 U.S.C. 5101 et seq., and FMCSA regulations, 49 CFR part 397, preempt certain hazardous material routing requirements that have been established or modified by the City of Boston. FMCSA published notice of ATA’s application in the Federal Register on August 8, 2008. 73 FR 46349. FMCSA published notice of Massachusetts Department of Highways’ application in the Federal Register on September 2, 2008 (73 FR 51335), at which time both applications were consolidated into one docket. Title 49 U.S.C. 5125(d) requires FMCSA to issue a decision on the preemption applications ‘‘within 180 days after the date of the publication of the notice of having received such application, or the Secretary shall publish a statement in the Federal E:\FR\FM\03MRN1.SGM 03MRN1 Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Notices Register of the reason why the Secretary’s decision on the application is delayed, along with an estimate of the additional time necessary before the decision is made.’’ The ATA and Massachusetts Department of Highways’ applications for a preemption determination are still under consideration by FMCSA. The Agency currently is conducting factfinding and legal analysis in response to the applications. Because of this additional fact-finding and legal analysis, it is impracticable to issue a decision within the 180-day timeframe. In order to allow time for full consideration of the issues raised by the applications, FMCSA delays issuance of its determination, and estimates a decision will be published in approximately 120 days. Issued on: February 25, 2009. Rose A. McMurray, Acting Deputy Administrator. [FR Doc. E9–4453 Filed 3–2–09; 8:45 am] DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2006–26367] Motor Carrier Safety Advisory Committee Public Meeting mstockstill on PROD1PC66 with NOTICES AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of Motor Carrier Safety Advisory Committee Meeting. SUMMARY: FMCSA announces that the Motor Carrier Safety Advisory Committee (MCSAC) will hold a committee meeting. The meeting is open to the public. DATES: The meeting will be held from 1 p.m. to 4 p.m. on March 18, 2009. Written comments must be received by noon on March 18, 2009. ADDRESSES: The meeting will be held at the U.S. Department of Transportation, Media Center, West Building, Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey K. Miller, Chief, Strategic Planning and Program Evaluation Division, Office of Policy Plans and Regulation, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590, (202) 366–5370, mcsac@dot.gov. SUPPLEMENTARY INFORMATION: 16:42 Mar 02, 2009 Jkt 217001 Section 4144 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU, Pub. L. 109–59) required the Secretary of the U.S. Department of Transportation to establish in FMCSA, a Motor Carrier Safety Advisory Committee. The advisory committee provides advice and recommendations to the FMCSA Administrator on motor carrier safety programs and motor carrier safety regulations. The advisory committee operates in accordance with the Federal Advisory Committee Act (5 U.S.C. App 2). The Committee is comprised of 15 members appointed by the Administrator. Two new members, Scott G. Hernandez, Lieutenant Colonel with the Colorado State Patrol, and Robert Powell, State Trooper with the Virginia State Police, were appointed by the Administrator on January 19, 2009. New Jersey Avenue, SE., West Building, Room W12–140, Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Issued on: February 25, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–4456 Filed 3–2–09; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1998–4334; FMCSA– 2000–7006; FMCSA–2000–7918; FMCSA– 2000–8398; FMCSA–2002–13411; FMCSA– 2005–20027] II. Meeting Participation BILLING CODE 4910–EX–P VerDate Nov<24>2008 I. Background 9329 The meeting is open to the public and FMCSA invites participation by all interested parties, including motor carriers, drivers, and representatives of motor carrier associations. Please note that attendees will need to be precleared in advance of the meeting in order to expedite entry into the building. By March 16, 2009, please e-mail mcsac@dot.gov if you plan to attend the meeting, to facilitate the preclearance security process. For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, please e-mail mcsac@dot.gov by March 16, 2009. As a general matter, the Committee will allocate one hour for public comments on March 18, 2009, from 3 p.m. to 4 p.m. Individuals wishing to address the committee should send an e-mail to mcsac@dot.gov by March 16, 2009. The time available will be divided among those who have signed up to address the committee, but no one will be allotted more than 15 minutes. For a copy of the agenda, please send an e-mail to mcsac@dot.gov. Individuals with a desire to present written materials to the committee should submit written comments identified by Federal Docket Management System (FDMC) Docket Number FMCSA–2006–26367 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 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 11 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 April 5, 2009. Comments must be received on or before April 2, 2009. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 1998–4334; FMCSA–2000–7006; FMCSA–2000–7918; FMCSA–2000– 8398; FMCSA–2002–13411; FMCSA– 2005–20027, using any of the following methods. • Federal eRulemaking Portal: Go to https://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. E:\FR\FM\03MRN1.SGM 03MRN1

Agencies

[Federal Register Volume 74, Number 40 (Tuesday, March 3, 2009)]
[Notices]
[Pages 9328-9329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4453]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0204]


Notice of Delay in Processing the Applications by American 
Trucking Associations, Inc. and the Massachusetts Department of 
Highways for a Preemption Determination Concerning the City of Boston's 
Hazardous Materials Routing Restrictions

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In accordance with statutory requirements, FMCSA is publishing 
a notice of delay in processing the American Trucking Associations, 
Inc.'s (ATA) and the Massachusetts Department of Highways' applications 
for a preemption determination concerning the City of Boston's 
restrictions regarding highway routing of certain hazardous materials. 
FMCSA is conducting fact-finding and legal analysis in response to the 
consolidated requests, and is delaying issuance of its determination in 
order to allow time for appropriate consideration of the issues raised 
by the applications.

FOR FURTHER INFORMATION CONTACT: James Simmons, Chief, Hazardous 
Materials Division (MC-ECH), (202) 493-0496; Federal Motor Carrier 
Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 
20590, or at james.simmons@dot.gov.

SUPPLEMENTARY INFORMATION: ATA and the Massachusetts Department of 
Highways applied for an administrative determination concerning whether 
Federal hazardous material transportation law, 49 U.S.C. 5101 et seq., 
and FMCSA regulations, 49 CFR part 397, preempt certain hazardous 
material routing requirements that have been established or modified by 
the City of Boston. FMCSA published notice of ATA's application in the 
Federal Register on August 8, 2008. 73 FR 46349. FMCSA published notice 
of Massachusetts Department of Highways' application in the Federal 
Register on September 2, 2008 (73 FR 51335), at which time both 
applications were consolidated into one docket.
    Title 49 U.S.C. 5125(d) requires FMCSA to issue a decision on the 
preemption applications ``within 180 days after the date of the 
publication of the notice of having received such application, or the 
Secretary shall publish a statement in the Federal

[[Page 9329]]

Register of the reason why the Secretary's decision on the application 
is delayed, along with an estimate of the additional time necessary 
before the decision is made.''
    The ATA and Massachusetts Department of Highways' applications for 
a preemption determination are still under consideration by FMCSA. The 
Agency currently is conducting fact-finding and legal analysis in 
response to the applications. Because of this additional fact-finding 
and legal analysis, it is impracticable to issue a decision within the 
180-day timeframe. In order to allow time for full consideration of the 
issues raised by the applications, FMCSA delays issuance of its 
determination, and estimates a decision will be published in 
approximately 120 days.

    Issued on: February 25, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. E9-4453 Filed 3-2-09; 8:45 am]
BILLING CODE 4910-EX-P
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