Requested Administrative Waiver of the Coastwise Trade Laws, 21429 [E9-10685]

Download as PDF Federal Register / Vol. 74, No. 87 / Thursday, May 7, 2009 / Notices impose requirements on the 17 individuals consistent with the grandfathering provisions applied to drivers who participated in the Agency’s vision waiver program. Those requirements are found at 49 CFR 391.64(b) and include the following: (1) That each individual be physically examined every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the standard in 49 CFR 391.41(b)(10), and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) that each individual provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (3) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. Discussion of Comments FMCSA received two comments in this proceeding. The comments were considered and discussed below. The two comments were submitted by the same anonymous individual who is of the opinion that the current Federal Vision standard should be changed and updated to relax the field of vision requirement. He also states that FMCSA has facts from the current Federal vision program and this information should be released. In response to the these comments, Congress established a Medical Review Board (MRB) to provide FMCSA with advice and recommendations on medical standards and guidelines for the physical qualifications of CMV drivers [49 U.S.C. 31149(a)]. The Agency is currently evaluating the MRB’s recommendations regarding the current vision standard; the opinions of medical research panels; and evidence reports related to vision. Conclusion Based upon its evaluation of the 17 exemption applications, FMCSA exempts, Dan B. Clark, Mark A. Cruz, Terry J. Dare, Frank A. DeWitt, Kenneth E. Flack, Jr., Maylin E. Frickey, Vincent E. Hardin, Larry M. Hawkins, Ronald R. Hunt, Michael E. Lafferty, Michael A. Mitchell, Eric E. Myers, Travis W. Neiwert, Michael G. Trueblood, Donald A. Uplinger, II., Steven M. Vujicic, and Joseph Watkins from the vision VerDate Nov<24>2008 17:03 May 06, 2009 Jkt 217001 requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on May 1, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–10672 Filed 5–6–09; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2009–0044] Requested Administrative Waiver of the Coastwise Trade Laws AGENCY: Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel BELVEDERE BLUE. SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket MARAD–2009– 0044 at https://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 21429 vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR Part 388. DATES: Submit comments on or before June 8, 2009. ADDRESSES: Comments should refer to docket number MARAD–2009–0044. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. You may also send comments electronically via the Internet at https://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue, SE., Room W21–203, Washington, DC 20590. Telephone 202– 366–5979. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel BELVEDERE BLUE is: Intended Use: ‘‘sightseeing excursion.’’ Geographic Region: ‘‘New York, Connecticut, Maine, Massachusetts, New Jersey, Rhode Island, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, and Florida’’. Privacy Act Anyone is able to search the electronic form of all 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). Dated: April 30, 2009. By Order of the Maritime Administrator. Leonard Sutter, Secretary, Maritime Administration. [FR Doc. E9–10685 Filed 5–6–09; 8:45 am] BILLING CODE 4910–81–P E:\FR\FM\07MYN1.SGM 07MYN1

Agencies

[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Notices]
[Page 21429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10685]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. MARAD-2009-0044]


Requested Administrative Waiver of the Coastwise Trade Laws

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Invitation for public comments on a requested administrative 
waiver of the Coastwise Trade Laws for the vessel BELVEDERE BLUE.

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

SUMMARY: As authorized by 46 U.S.C. 12121, the Secretary of 
Transportation, as represented by the Maritime Administration (MARAD), 
is authorized to grant waivers of the U.S.-build requirement of the 
coastwise laws under certain circumstances. A request for such a waiver 
has been received by MARAD. The vessel, and a brief description of the 
proposed service, is listed below. The complete application is given in 
DOT docket MARAD-2009-0044 at https://www.regulations.gov. Interested 
parties may comment on the effect this action may have on U.S. vessel 
builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD 
determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations 
at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of 
the waiver will have an unduly adverse effect on a U.S.-vessel builder 
or a business that uses U.S.-flag vessels in that business, a waiver 
will not be granted. Comments should refer to the docket number of this 
notice and the vessel name in order for MARAD to properly consider the 
comments. Comments should also state the commenter's interest in the 
waiver application, and address the waiver criteria given in Sec.  
388.4 of MARAD's regulations at 46 CFR Part 388.

DATES: Submit comments on or before June 8, 2009.

ADDRESSES: Comments should refer to docket number MARAD-2009-0044. 
Written comments may be submitted by hand or by mail to the Docket 
Clerk, U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590. You may also send comments electronically via the 
Internet at https://www.regulations.gov. All comments will become part 
of this docket and will be available for inspection and copying at the 
above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, 
except federal holidays. An electronic version of this document and all 
documents entered into this docket is available on the World Wide Web 
at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of 
Transportation, Maritime Administration, 1200 New Jersey Avenue, SE., 
Room W21-203, Washington, DC 20590. Telephone 202-366-5979.

SUPPLEMENTARY INFORMATION: As described by the applicant the intended 
service of the vessel BELVEDERE BLUE is:
    Intended Use: ``sightseeing excursion.''
    Geographic Region: ``New York, Connecticut, Maine, Massachusetts, 
New Jersey, Rhode Island, Delaware, Maryland, Virginia, North Carolina, 
South Carolina, Georgia, and Florida''.

Privacy Act

    Anyone is able to search the electronic form of all 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).

    Dated: April 30, 2009.

    By Order of the Maritime Administrator.
Leonard Sutter,
Secretary, Maritime Administration.
[FR Doc. E9-10685 Filed 5-6-09; 8:45 am]
BILLING CODE 4910-81-P
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