RTCA Government/Industry Air Traffic Management Advisory Committee; Correction, 14184 [E9-6991]
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14184
Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
RTCA Government/Industry Air Traffic
Management Advisory Committee;
Correction
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Correction; Notice of RTCA
Government/Industry Air Traffic
Management Advisory Committee.
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VerDate Nov<24>2008
18:33 Mar 27, 2009
Jkt 217001
Issued in Washington, DC, on March 20,
2009.
Meredith Gibbs,
RTCA Advisory Committee.
[FR Doc. E9–6991 Filed 3–27–09; 8:45 am]
BILLING CODE 4910–13–P
The FAA is correcting a
notice of a meeting that was published
on March 20, 2009 (72 FR 11987; FR
Doc. E9–6176]. In that notice the FAA
advised the public of a meeting of the
RTCA Government/Industry Air Traffic
Management Advisory Committee.
Inadvertently the notice was published
with an incorrect meeting date of March
16, 2009. The correct date of the RTCA
Government/Industry Air Traffic
Management Advisory Committee
meeting is May 27, 2009.
DATES: The meeting will be held May
27, 2009, from 1 p.m. to 4 p.m.
ADDRESSES: The meeting will be held at
FAA Headquarters, 800 Independence
Avenue, SW., Bessie Coleman
Conference Center (2nd Floor),
Washington, DC 20591.
FOR FURTHER INFORMATION CONTACT:
RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036;
telephone (202) 833–9339; fax (202)
833–9434; Web site https://www.rtca.org.
METRO: L’Enfant Plaza Station (Use 7th
& Maryland Exit).
SUPPLEMENTARY INFORMATION:
Correction: In the Federal Register of
March 20, 2009 (FR Doc. E9–6176) in
the third column in the DATES section
change the date of the meeting from
‘‘March 16, 2009’’ to ‘‘May 27, 2009’’.
Pursuant to section 10(a)(2) of the
Federal Advisory Committee Act (Pub.
L. 92–463, 5 U.S.C., Appendix 2), notice
is hereby given for the Air Traffic
Management Advisory Committee
meeting. The agenda will include:
• Opening Plenary (Welcome and
Introductions);
• Report from RTCA Task Force on
NextGen Mid-Term Implementation
(NextGen TF);
• ATMAC Member Discussion and
Recommendations;
• Closing Plenary (Other Business,
Member Discussion, Adjourn).
Attendance is open to the interested
public but limited to space availability.
With the approval of the chairmen,
members of the public may present oral
statements at the meeting. Persons
wishing to present statements or obtain
information should contact the person
SUMMARY:
listed in the FOR FURTHER INFORMATION
CONTACT section. Members of the public
may present a written statement to the
committee at any time.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Supplemental Policy on Assessing
Maximum Fines under the Motor
Carrier Safety Improvement Act of
1999 (MCSIA) Section 222
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of policy change.
SUMMARY: The Federal Motor Carrier
Safety Administration (FMCSA)
provides notice to the motor carrier
industry of policy changes regarding the
assessment of maximum fines under
section 222 of the Motor Carrier Safety
Improvement Act of 1999 (MCSIA).
Section 222 requires the Agency to
assess maximum statutory penalties if a
person is found to have committed a
pattern of violations of critical or acute
regulations, or previously committed
the same or a related violation of critical
or acute regulations.
DATES: Effective Date: This change in
policy is effective April 1, 2009.
FOR FURTHER INFORMATION CONTACT: Mr.
David Mancl, Acting Chief, Enforcement
and Compliance Division, MC–ECE,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
Telephone: 202–366–6830. Office hours
are from 7:45–4:45 p.m., e.t., Monday
through Friday, except Federal holidays.
Web site address: https://
www.fmcsa.dot.gov.
SUPPLEMENTARY INFORMATION
Background
Section 222 of MCSIA directs the
Secretary of Transportation to ‘‘assess
the maximum civil penalty for each
violation by any person who is found to
have committed a pattern of violations
of critical or acute regulations, or to
have previously committed the same or
a related violation of critical or acute
regulations.’’ [Pub. L. 106–159, 113 Stat.
1748, 1769, Dec. 9, 1999; codified in 49
U.S.C. 521 note.]
On September 8, 2000, FMCSA issued
a policy memorandum that changed its
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
fine assessment policy to meet the
requirements of section 222 of MCSIA.
On December 28, 2004, FMCSA
published a clarification of its
September 8, 2000, policy statement
implementing section 222 of MCSIA (69
FR. 77828). The memorandum and
subsequent Federal Register notice
defined both a ‘‘pattern of violations’’
and ‘‘previously committed the same or
related violation’’ as three cases closed
with findings of violation occurring
within the last six years. The three
cases—also known as ‘‘three strikes’’—
consist of two cases that have been
closed with findings of violations,
followed by a third case, in which the
discovery of violations during an on-site
compliance review, shipper review or
terminal review involved the same part
of the Federal Motor Carrier Safety
Regulations (FMCSR) and/or Federal
Hazardous Materials Regulations (HMR)
in Title 49 of the Code of Federal
Regulations.
In an August 2007 report,1 the
Government Accountability Office
(GAO) concluded that FMCSA’s ‘‘threestrikes’’ policy failed to assess
maximum penalties against all serious
violators and achieve MCSIA’s statutory
intent that maximum penalties be
imposed in two distinct situations for a
pattern of violations, and for repeat
violations of the same or related
regulations. The GAO recommended
that FMCSA revise its policy to include
(1) a definition for a pattern of
violations that is distinct from a
repeated violation of the same or related
regulations and (2) a two-strike, rather
than a three-strike, policy. In an earlier
2006 report,2 the Department of
Transportation’s Office of Inspector
General (OIG) similarly recommended
that FMCSA develop procedures to
implement the section 222 ‘‘pattern of
violations’’ provision and additionally
to count for section 222 purposes all
acute and critical violations discovered
during a compliance review. Based on
these recommendations, FMCSA reexamined its policy and adopts the
revisions contained in this notice.
Policy
This policy supplements FMCSA’s
existing policy and continues its
implementation of section 222 of
MCSIA consistent with the statutory
language and in response to the GAO
1 ‘‘Federal Safety Agency Identifies Many HighRisk Carriers but Does Not Assess Maximum Fines
as Often as Required by Law’’ (GAO–07–584,
August 2007).
2 ‘‘Significant Improvements for Motor Carrier
Safety Program since 1999 Act but Loopholes for
Repeat Violators Need Closing’’ (OIG Report No.
MH–2006–046, April 21, 2006).
E:\FR\FM\30MRN1.SGM
30MRN1
]]>Agencies
[Federal Register Volume 74, Number 59 (Monday, March 30, 2009)]
[Notices]
[Page 14184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6991]
[[Page 14184]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
RTCA Government/Industry Air Traffic Management Advisory
Committee; Correction
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Correction; Notice of RTCA Government/Industry Air Traffic
Management Advisory Committee.
-----------------------------------------------------------------------
SUMMARY: The FAA is correcting a notice of a meeting that was published
on March 20, 2009 (72 FR 11987; FR Doc. E9-6176]. In that notice the
FAA advised the public of a meeting of the RTCA Government/Industry Air
Traffic Management Advisory Committee. Inadvertently the notice was
published with an incorrect meeting date of March 16, 2009. The correct
date of the RTCA Government/Industry Air Traffic Management Advisory
Committee meeting is May 27, 2009.
DATES: The meeting will be held May 27, 2009, from 1 p.m. to 4 p.m.
ADDRESSES: The meeting will be held at FAA Headquarters, 800
Independence Avenue, SW., Bessie Coleman Conference Center (2nd Floor),
Washington, DC 20591.
FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036; telephone (202) 833-9339; fax (202)
833-9434; Web site https://www.rtca.org. METRO: L'Enfant Plaza Station
(Use 7th & Maryland Exit).
SUPPLEMENTARY INFORMATION: Correction: In the Federal Register of March
20, 2009 (FR Doc. E9-6176) in the third column in the DATES section
change the date of the meeting from ``March 16, 2009'' to ``May 27,
2009''. Pursuant to section 10(a)(2) of the Federal Advisory Committee
Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice is hereby given for
the Air Traffic Management Advisory Committee meeting. The agenda will
include:
Opening Plenary (Welcome and Introductions);
Report from RTCA Task Force on NextGen Mid-Term
Implementation (NextGen TF);
ATMAC Member Discussion and Recommendations;
Closing Plenary (Other Business, Member Discussion,
Adjourn).
Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.
Issued in Washington, DC, on March 20, 2009.
Meredith Gibbs,
RTCA Advisory Committee.
[FR Doc. E9-6991 Filed 3-27-09; 8:45 am]
BILLING CODE 4910-13-P
