Petition for Declaratory Order by Fullington Trailways, LLC, 41970-41971 [E9-19888]

Download as PDF 41970 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES submitting verified statements of witnesses containing detailed evidence should file comments. Parties seeking information concerning the filing of protests should refer to 49 CFR 1152.25. All filings in response to this notice must refer to STB Docket No. AB–1035 and must be sent to: (1) Surface Transportation Board, 395 E Street, SW., Washington, DC 20423–0001; and (2) Thomas F. McFarland, Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1890, Chicago, IL 60604– 1112. Filings may be submitted either via the Board’s e-filing format or in the traditional paper format. Any persons using e-filing should attach a document and otherwise comply with the instructions found on the Board’s https://www.stb.dot.gov Web site, at the ‘‘E–FILING’’ link. Any person submitting a filing in the traditional paper format should send the original and 10 copies of the filing to the Board with a certificate of service. Except as otherwise set forth in 49 CFR 1152, every document filed with the Board must be served on all parties to this adverse discontinuance proceeding. See 49 CFR 1104.12(a). Persons seeking further information concerning abandonment/ discontinuance procedures may contact the Board’s Office of Public Assistance, Governmental Affairs and Compliance at (202) 245–0230 or refer to the full abandonment/discontinuance regulations at 49 CFR 1152. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] The Board’s June 15 decision waived compliance with its environmental and historic review regulations because the Board found that it was unlikely that the discontinuance would result in any environmental impacts or salvage. Accordingly, no environmental or historic assessment will be prepared in this proceeding. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: August 13, 2009. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Kulunie L. Cannon, Clearance Clerk. [FR Doc. E9–19827 Filed 8–18–09; 8:45 am] BILLING CODE 4915–01–P VerDate Nov<24>2008 16:53 Aug 18, 2009 Jkt 217001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2009–0106] Petition for Declaratory Order by Fullington Trailways, LLC AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of Petition for Declaratory Order; extension of comment period. SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) extends the reply comment period for a Petition for Declaratory Order that was published on June 4, 2009, until September 14, 2009. DATES: Reply comments are due on or before September 14, 2009. The Agency will only consider reply comments responding directly to issues raised in the initial round of comments. Commenters may not use reply comments to raise new issues. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket Number in the heading of this document by any of the following methods. Do not submit the same comments by more than one method. However, to allow effective public participation before the comment period deadline, the Agency encourages use of the Web site that is listed first. It will provide the most efficient and timely method of receiving and processing your comments. • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. • Hand Delivery: Ground floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number for this regulatory action. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Refer to the Privacy Act heading on https:// www.regulations.gov for further information. Docket: Comments and material received from the public, as well as PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 background information and documents mentioned in this preamble, are part of docket FMCSA–2009–0191, and are available for inspection and copying on the Internet at https:// www.regulations.gov. You may also view and copy documents at the U.S. Department of Transportation’s Docket Operations Unit, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC. Public Participation: The regulations.gov system is generally available 24 hours each day, 365 days each year. You can find electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the Web site. For notification that FMCSA received the comments, please include a self-addressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments on line. Copies or abstracts of all documents referenced in this notice are in the docket: FMCSA–2009–0106. For access to the docket to read background documents or comments received, go to https://www.regulations.gov at any time or to Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. All comments received before the close of business on the comment closing date indicated above will be considered and will be available for examination in the docket at the above address. Initial comments received after the initial comment closing date will not be considered. FOR FURTHER INFORMATION CONTACT: Genevieve D. Sapir, Office of the Chief Counsel, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590, (202) 366–7056. SUPPLEMENTARY INFORMATION: On June 4, 2009 (74 FR 26917), FMCSA published a petition submitted by Fullington Trailways, LLC (Fullington) for a declaratory order requesting that FMCSA find that certain regularly scheduled passenger bus service provided by Fullington is in interstate commerce and not subject to the jurisdiction of the Pennsylvania Public Utilities Commission. We provided the public with a 60-day period for initial comments that expired on August 3, 2009, and a 30-day period for reply comments that expires on September 2, 2009. At least one timely filed submission during the initial comment period was not immediately available in the docket. To provide the public adequate time to respond to all timely filed initial comments, FMCSA extends E:\FR\FM\19AUN1.SGM 19AUN1 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices the reply comment period until September 14, 2009. Issued on: August 12, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–19888 Filed 8–18–09; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1998–4334; FMCSA– 2000–7165; FMCSA–2002–13411; FMCSA– 2005–20560; FMCSA–2006–25246; FMCSA– 2007–27897] 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 44 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 September 13, 2009. Comments must be received on or before September 18, 2009. You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 1998–4334; FMCSA–2000–7165; FMCSA–2002–13411; FMCSA–2005– 20560; FMCSA–2006–25246; FMCSA– 2007–27897, 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. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 jlentini on DSKJ8SOYB1PROD with NOTICES ADDRESSES: VerDate Nov<24>2008 16:53 Aug 18, 2009 Jkt 217001 p.m., 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 https://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 https:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments 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 the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19476). This information is also available at https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue, SE., Room W64– 224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption from the vision requirements in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce, for a two-year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.’’ The procedures for requesting an exemption (including renewals) are set out in 49 CFR part 381. PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 41971 Exemption Decision This notice addresses 44 individuals who have requested a renewal of their exemption in accordance with FMCSA procedures. FMCSA has evaluated these 44 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Eddie Alejandro, John W. Black, III, John A. Bridges, Eddie M. Brown, Edward G. Brown, Edwin L. Bupp, Charles E. Castle, Joel C. Conrad, Duane C. Conway, Brian W. Curtis, Roger D. Davidson, Sr., Richard A. Davis, Sr., Robin C. Duckett, Marco A. Esquivel, Tomie L. Estes, Raymond L. Herman, Jesse R. Hillhouse, Jr., Billy R. Holdman, Ray C. Johnson, Terry R. Jones, Randall H. Keil, James A. Kneece, Paul G. Mathes, John T. McWilliams, Robert A. Miller, Stuart T. Miller, James T. Mitchell, Andrew M. Nurnbrg, Kenneth R. Pedersen, Joshua R. Perkins, Ronald F. Prezzia, Eligio M. Ramirez, Victor C. Richert, Garry L. Rogers, Craig R. Saari, Jerry L. Schroder, Gerald J. Shamla, Timothy L. Shorey, William C. Smith, Larry D. Steiner, Robert S. Swaen, Anthony T. Truiolo, Gregory A. VanLue, Kevin W. Wunderlin. These exemptions are extended subject to the following conditions: (1) That each individual have a physical examination 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 and retain a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded 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(e) and 31315. E:\FR\FM\19AUN1.SGM 19AUN1

Agencies

[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Notices]
[Pages 41970-41971]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19888]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0106]


Petition for Declaratory Order by Fullington Trailways, LLC

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

ACTION: Notice of Petition for Declaratory Order; extension of comment 
period.

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
extends the reply comment period for a Petition for Declaratory Order 
that was published on June 4, 2009, until September 14, 2009.

DATES: Reply comments are due on or before September 14, 2009. The 
Agency will only consider reply comments responding directly to issues 
raised in the initial round of comments. Commenters may not use reply 
comments to raise new issues.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket Number in the heading of this document by any 
of the following methods. Do not submit the same comments by more than 
one method. However, to allow effective public participation before the 
comment period deadline, the Agency encourages use of the Web site that 
is listed first. It will provide the most efficient and timely method 
of receiving and processing your comments.
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground floor, Room W12-140, 1200 New Jersey 
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday 
through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number for this regulatory action. Note that all comments 
received will be posted without change to https://www.regulations.gov, 
including any personal information provided. Refer to the Privacy Act 
heading on https://www.regulations.gov for further information.
    Docket: Comments and material received from the public, as well as 
background information and documents mentioned in this preamble, are 
part of docket FMCSA-2009-0191, and are available for inspection and 
copying on the Internet at https://www.regulations.gov. You may also 
view and copy documents at the U.S. Department of Transportation's 
Docket Operations Unit, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue, SE., Washington, DC.
    Public Participation: The regulations.gov system is generally 
available 24 hours each day, 365 days each year. You can find 
electronic submission and retrieval help and guidelines under the 
``help'' section of the Web site. For notification that FMCSA received 
the comments, please include a self-addressed, stamped envelope or 
postcard, or print the acknowledgement page that appears after 
submitting comments on line. Copies or abstracts of all documents 
referenced in this notice are in the docket: FMCSA-2009-0106. For 
access to the docket to read background documents or comments received, 
go to https://www.regulations.gov at any time or to Room W12-140, 1200 
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., 
e.t., Monday through Friday, except Federal holidays. All comments 
received before the close of business on the comment closing date 
indicated above will be considered and will be available for 
examination in the docket at the above address. Initial comments 
received after the initial comment closing date will not be considered.

FOR FURTHER INFORMATION CONTACT: Genevieve D. Sapir, Office of the 
Chief Counsel, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, (202) 366-7056.

SUPPLEMENTARY INFORMATION: On June 4, 2009 (74 FR 26917), FMCSA 
published a petition submitted by Fullington Trailways, LLC 
(Fullington) for a declaratory order requesting that FMCSA find that 
certain regularly scheduled passenger bus service provided by 
Fullington is in interstate commerce and not subject to the 
jurisdiction of the Pennsylvania Public Utilities Commission. We 
provided the public with a 60-day period for initial comments that 
expired on August 3, 2009, and a 30-day period for reply comments that 
expires on September 2, 2009. At least one timely filed submission 
during the initial comment period was not immediately available in the 
docket. To provide the public adequate time to respond to all timely 
filed initial comments, FMCSA extends

[[Page 41971]]

the reply comment period until September 14, 2009.

    Issued on: August 12, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-19888 Filed 8-18-09; 8:45 am]
BILLING CODE P
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