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Code · REGISTER · 2007-08-09 · Federal Motor Carrier Safety Administration (FMCSA), DOT · Notices

Notices. Notice of final disposition

6,052 words·~28 min read·/register/2007/08/09/07-3918

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4910-22-M DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket Nos. FMCSA-98-3637, FMCSA-98-4334, FMCSA-99-5748, FMCSA-00-7006, FMCSA-00-7363, FMCSA-00-7918, FMCSA-00-8203, FMCSA-00-8398, FMCSA-01-9258, FMCSA-02-13411, FMCSA-03-14223, FMCSA-03-14504, FMCSA-05-20027, FMCSA-05-20560] Qualification of Drivers; Exemption Renewals; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. SUMMARY:
FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 52 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has reviewed the comments submitted in response to the previous announcement and concluded that granting these exemption renewals will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle
(CMV)drivers. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical Qualifications Division,
(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: Electronic Access You may see all the comments online through the Document Management System
(DMS)at *http://dmses.dot.gov.* Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2-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 statute also allows the Agency to renew exemptions at the end of the 2-year period. The Notices were published on April 13, June 13, and June 20, 2007. The comment periods ended on May 14, and July 13, and July 20, 2007, respectively. Discussion of Comments FMCSA received the same comment in all three proceedings. The comment was considered and discussed below. Advocates for Highway and Auto Safety (Advocates) expressed opposition to FMCSA's policy to grant exemptions from the FMCSR, including the driver qualification standards. Specifically, Advocates:
(1)Objects to the manner in which FMCSA presents driver information to the public and makes safety determinations;
(2)objects to the Agency's reliance on conclusions drawn from the vision waiver program;
(3)claims the Agency has misinterpreted statutory language on the granting of exemptions (49 U.S.C. 31136(e) and 31315); and finally
(4)suggests that a 1999 Supreme Court decision affects the legal validity of vision exemptions. The issues raised by Advocates were addressed at length in 64 FR 51568 (September 23, 1999), 64 FR 66962 (November 30, 1999), 64 FR 69586 (December 13, 1999), 65 FR 159 (January 3, 2000), 65 FR 57230 (September 21, 2000), and 66 FR 13825 (March 7, 2001). We will not address these points again here, but refer interested parties to those earlier discussions. Conclusion The Agency has not received any adverse evidence on any of these drivers that indicates that safety is being compromised. Based upon its evaluation of the 52 renewal applications, FMCSA renews the Federal vision exemptions for Rodger B. Anders, David F. Bardsley, Sr., Gary A. Barrett, Ivan L. Beal, Johnny A. Beautler, John D. Bolding, Jr., Daniel R. Brewer, James T. Butler, Jr., Darryl D. Cassatt, Brett L. Condon, Mark W. Coulson, Roger K. Cox, Michael P. Curtin, Myron D. Dixon, Albion C. Doe, Richard L. Elyard, Michael R. Forschino, William H. Goss, David R. Gross, James K. Holmes, Thomas E. Howard, John R. Hughes, Daryl A. Jester, Billy L. Johnson, Robert L. Joiner, Jr., James P. Jones, Christopher J. Kane, Clyde H. Kitzan, Larry J. Lang, Dennis D. Lesperance, John W. Locke, Herman G. Lovell, Eugene A. Maggio, Michael L. Manning, Clifford E. Masink, Ronald L. Maynard, William A. Moore, Jr., Kirby G. Oathout, James R. Petre, Danny R. Pickelsimer, Richard C. Rehbein, William E. Reveal, Duane L. Riendeau, Bernard E. Roche, Darrell L. Rohlfs, David E. Sanders, Daniel J. Schaap, David B. Speller, Janusz Tyrpien, Lynn D. Veach, Harry S. Warren, and Michael C. Wines. In accordance with 49 U.S.C. 31136(e) and 31315, each renewal 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. Issued on: August 2, 2007. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E7-15492 Filed 8-8-07; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2006-25854] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption, request for comments. SUMMARY: FMCSA announces receipt of applications from nine individuals for an exemption from the prohibition against persons with a clinical diagnosis of epilepsy (or any other condition which is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV)) from operating CMVs in interstate commerce. If granted, the exemptions would enable these individuals with seizure disorders to operate CMVs in interstate commerce. DATES: Comments must be received on or before September 10, 2007. ADDRESSES: You may submit comments identified by Department of Transportation
(DOT)Docket Management System
(DMS)Docket Number FMCSA-2006-25854 using any of the following methods: • *Web Site:* *http://dmses.dot.gov.* Follow the instructions for submitting comments on the DOT electronic docket site. • *Fax:* 1-202-493-2251. • *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:* 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. • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the on-line instructions for submitting comments. *Instructions:* All submissions must include the Agency name and docket number for this notice. Note that all comments received will be posted without change to *http://dms.dot.gov,* including any personal information provided. Please see the Privacy Act heading below. *Docket:* For access to the docket to read background documents or comments received, go to *http://dms.dot.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 DMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, 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 19477; April 11, 2000). This information is also available at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical Qualifications Division,
(202)366-4001, *maggi.gunnels@dot.gov,* FMCSA, Room W64-224, Department of Transportation, 1200 New Jersey Avenue, SE., 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. 31315 and 31136(e), FMCSA may grant an exemption for a 2-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 statute also allows the Agency to renew exemptions at the end of the 2-year period. The nine individuals listed in this notice have recently requested an exemption from the epilepsy prohibition in 49 CFR 391.41(b)(8), which applies to drivers who operate CMVs as defined in 49 CFR 390.5, in interstate commerce. Section 391.41(b)(8) states that a person is physically qualified to drive a commercial motor vehicle if that person has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness, or any loss of ability to control a commercial motor vehicle. FMCSA provides medical advisory criteria and guidelines for use by medical examiners in determining whether drivers with certain medical conditions should be certified to operate CMVs in interstate commerce. Currently, FMCSA's medical advisory criteria and guidelines include a recommendation that individuals diagnosed with epilepsy and taking anticonvulsant medication to reduce the likelihood of seizures are at high risk for further episodes and should not be considered for medical certification. Individuals diagnosed with epilepsy and taking anticonvulsant medication which helps them control their seizures may be at low risk of having a seizure. However, CMV drivers are exposed to conditions which place them at increased risk for loss of consciousness and therefore increased risk for seizure occurrence, for example, obtaining or replacing anti-seizure medication if their medications are lost or forgotten. This would place such drivers at some increased risk of seizures. These individuals should not be authorized to drive commercial vehicles. Drivers diagnosed with epilepsy, seizure-free and off medication for 10 years may be medically certified to operate CMVs. FMCSA further recommends that individuals who experience a single unprovoked seizure, but who do not have epilepsy, per se, are clearly at a higher risk than the general population to have further seizures. Individuals with a single unprovoked seizure, seizure-free for a 5-year period and off medication, should not be restricted from obtaining a license to operate a CMV. The history of the occurrence of febrile seizures in childhood should not be a restriction to licensing to operate a CMV. Seizures, in the context of a systemic metabolic dysfunction, should not be a primary reason for restriction from medical certification to operate a CMV. Any restriction should be based upon the risk of recurrence of the primary condition. There are several conditions in which the risk for unprovoked seizures is sufficiently high, even in the absence of the occurrence of acute seizures, that medical certification should be restricted for variable periods following these incidents (head injury, surgical procedures involving dural penetration, cerebrovascular disease and infections of the central nervous system). Summary of Application David L. Basso Mr. Basso is a route sales truck driver who delivers to local grocery and convenience stores. He states that he has a clinical diagnosis of epilepsy and is currently taking anti-seizure medication. His doctor certified that he has been seizure-free for seventeen years on his current dose of medication. Mr. Basso believes that he would achieve a level of safety that is equivalent to the level of safety obtained by complying with the regulation because he has remained seizure-free since 1990. Halliard V. Brown Mr. Brown is a store delivery driver whose company is requesting that he should have a federal exemption due to his seizure disorder. He states that he has no clinical diagnosis of epilepsy and has had all necessary testing done. His medical examiner certified that he has been seizure-free for three years on his current dose of medication. Mr. Brown currently has a State waiver from Ohio, continues to drive in Ohio and has been crash-free for the past five years. Aaron Gillette Mr. Gillette is a CMV driver who is presently disqualified to perform his duties because of the anti-seizure medication he is taking. He has had three seizures within the past two years. His doctor certified that he has a history of idiopathic epilepsy that is currently controlled on Lamictal monotherapy; he also noted that Mr. Gillette is approximately 8 to 9 months seizure-free and is compliant on medications. Mr. Gillette believes that he would achieve a level of safety that is equivalent to the level of safety obtained by complying with the regulation because he has remained seizure-free. David P. Losh Mr. Losh is a CMV driver who has driven in the state of Ohio for over 10 years. At the age of 5 years, he contracted spinal meningitis which eventually led to epileptic seizures beginning at age 9. Mr. Losh underwent experimental surgery in 1991 to remove the focal point (cause) of the seizures. He was licensed to operate a CMV in 1995 and granted an intrastate waiver for his seizure disorder. He has had one seizure since the surgery, on October 16, 1996; he was not taking his medication (Dilantin) at that time. His license was suspended for 6 months due to this incident; he has since resumed taking his medication. Mr. Losh has been seizure-free and crash-free for about 10 years now. Dorothy R. Pokornowski Ms. Pokornowski is a CMV driver in the State of Minnesota. She was diagnosed with epilepsy at age 22. Her doctor certified that she has been stable with no seizure activity on medication since 1985. Her doctor also stated that her anti-seizure medication was changed from Phenobarbital to Topimax in 2006 due to concerns for osteoporosis and fatigue. Ms. Pokornowski has been seizure-free and crash-free for the past twelve years. She believes that she would achieve a level of safety that is equivalent to the level of safety obtained by complying with the regulation because she continues to take her medication as directed by her doctor and also gets her blood levels checked every year. Brian J. Porter Mr. Porter is a CMV driver who states that he has been driving in the east coast for about 10 years. His neurologist states that he has a history of seizures but has not had any in the past 20 years. He is currently taking Dilantin and Phenobarbital (anti-seizure medications). Daniel L. Pulse Mr. Pulse is a route sales representative with a history of seizures as a child following a head injury. His doctor states that he has a history of seizures but has not had any since 1996. He is currently taking Dilantin (anti-seizure medication). Mr. Pulse states that he has no clinical diagnosis of epilepsy and the medical tests performed by his neurologist on December 12, 2004, certify that “This is an overall normal electroencephalogram. No epileptiform activity is noted”. Mr. Pulse has been crash-free for over 30 years. He holds a Class B Commercial Driver's License
(CDL)from Iowa. Michael W. Thomas Mr. Thomas is a driver who was diagnosed with seizure disorder in 1987. His doctor certified he has been seizure-free for over 20 years. He is currently taking Tegretol (anti-seizure medication). His doctor certified that he is very compliant with his treatment and he can safely operate any CMV he is qualified to drive. Mr. Thomas currently has a State waiver from Kansas, continues to drive in Kansas and has been crash-free throughout his commercial driving career. He holds a Class A CDL from New York. Mr. Thomas believes that he would achieve a level of safety that is equivalent to the level of safety obtained by complying with the regulation because he has remained seizure-free for over 20 years through stringent medical compliance using the same medication and dosage. Jay A. Whitehead Mr. Whitehead is a motor equipment mechanic who works on CMVs. He was diagnosed with epilepsy in 1979 and has used medication since then. He is currently taking Dilantin (anti-seizure medication) and has been on this medication for more than 10 years now. In the past 10 years, he has not had any seizures or loss of consciousness. Following an annual physical examination in 2006, his doctor certified that his seizure disorder is stable and he has no seizure activity; she also recommended that he should continue to take Dilantin and Omeprazole (anti-seizure medications). Mr. Whitehead stated that he would be operating a variety of CMVs after repairing them and that the actual time spent driving would be less than 10% of his 8 hour work day. He holds a Class B CDL from New York. Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on the exemption application described in this notice. We will consider all comments received before the close of business on the closing date indicated earlier in the notice. Issued on: August 2, 2007. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E7-15495 Filed 8-8-07; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2007-28904] 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 MANITOU. SUMMARY: As authorized by Public Law 105-383 and Public Law 107-295, 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-2007-28904 at *http://dms.dot.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 Public Law 105-383 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 388.4 of MARAD's regulations at 46 CFR Part 388. DATES: Submit comments on or before September 10, 2007. ADDRESSES: Comments should refer to docket number MARAD-2007-28904. 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 *http://dmses.dot.gov/submit/.* 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 *http://dms.dot.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 MANITOU is: *Intended Use:* “For marriages at dockside, vow renewals and small celebrations.” *Geographic Region:* “South shore of Lake Superior-Bayfield, Apostles Island area.” 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) or you may visit *http://dms.dot.gov.* Dated: August 1, 2007. By order of the Maritime Administrator. Murray Bloom, Acting Secretary, Maritime Administration. [FR Doc. E7-15497 Filed 8-8-07; 8:45 am] BILLING CODE 4910-81-P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2007-28907] 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 SIVE. SUMMARY: As authorized by Public Law 105-383 and Public Law 107-295, 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-2007-28907 at *http://dms.dot.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 Public Law 105-383 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 § 388.4 of MARAD's regulations at 46 CFR part 388. DATES: Submit comments on or before September 10, 2007. ADDRESSES: Comments should refer to docket number MARAD-2007-28907. 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 *http://dmses.dot.gov/submit/.* 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 are available on the World Wide Web at *http://dms.dot.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 SIVE is: *Intended Use:* “Carry passengers only.” *Geographic Region:* “NY, NJ, CT, RI, MA, FL.” 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) or you may visit *http://dms.dot.gov.* Dated: August 1, 2007. By order of the Maritime Administrator. Murray Bloom, Acting Secretary, Maritime Administration. [FR Doc. E7-15501 Filed 8-8-07; 8:45 am] BILLING CODE 4910-81-P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2007-28905] 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 WINDSONG. SUMMARY: As authorized by Pub. L. 105-383 and Pub. L. 107-295, 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-2007-28905 at *http://dms.dot.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 Pub. L. 105-383 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 § 388.4 of MARAD's regulations at 46 CFR part 388. DATES: Submit comments on or before September 10, 2007. ADDRESSES: Comments should refer to docket number MARAD-2007-28905. 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 *http://dmses.dot.gov/submit/.* 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 *http://dms.dot.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 WINDSONG is: INTENDED USE: “Day and evening cruises.” GEOGRAPHIC REGION: “Galveston Bay and Virgin Islands.” 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) or you may visit *http://dms.dot.gov.* Dated: August 2, 2007. By order of the Maritime Administrator. Murray Bloom, Acting Secretary, Maritime Administration. [FR Doc. E7-15496 Filed 8-8-07; 8:45 am] BILLING CODE 4910-81-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-290 (Sub-No. 295X); STB Docket No. AB-866 (Sub-No. 1X)] Norfolk Southern Railway Company—Abandonment Exemption-in Chowan County, NC; North Carolina & Virginia Railroad Company, Inc., The Chesapeake and Albemarle Division—Discontinuance of Service Exemption-in Chowan County, NC Norfolk Southern Railway Company
(NSR)and North Carolina & Virginia Railway Company, Inc., The Chesapeake and Albemarle Division
(NCVA)(collectively, applicants) have jointly filed a notice of exemption under 49 CFR part 1152 subpart F— *Exempt Abandonments and Discontinuances of Service* for NSR to abandon, and for NCVA to discontinue service over, approximately 0.08 miles of railroad between approximately milepost NS 73.50 and milepost NS 73.67 in Edenton, Chowan County, NC. The line traverses United States Postal Service Zip Code 27932, and includes the station of Edenton. NSR and NCVA have certified that:
(1)No local traffic has moved over the line for at least 2 years;
(2)any overhead traffic on the line can be rerouted over other lines;
(3)no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and
(4)the requirements of 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to these exemptions, any employee adversely affected by the abandonment or discontinuance shall be protected under *Oregon Short Line R. Co.—Abandonment—Goshen,* 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance
(OFA)has been received, these exemptions will be effective on September 8, 2007, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues, 1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), 2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by August 20, 2007. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by August 29, 2007, with: Surface Transportation Board, 395 E. Street, SW., Washington, DC 20423-0001. 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Section of Environmental Analysis
(SEA)in its independent investigation) cannot be made before the exemptions' effective date. *See Exemption of Out-of-Service Rail Lines,* 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemptions' effective date. 2 Each OFA must be accompanied by the filing fee, which currently is set at $1,300. *See* 49 CFR 1002.2(f)(25). A copy of any petition filed with the Board should be sent to applicants' representatives: James R. Paschall, Three Commercial Place, Norfolk, VA 23510 and Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 21204-4022. If the verified notice contains false or misleading information, the exemptions are void *ab initio.* NSR and NCVA have filed an environmental and historic report which addresses the effects, if any, of the abandonment and discontinuance on the environment and historic resources. SEA will issue an environmental assessment
(EA)by August 14, 2007. Interested persons may obtain a copy of the EA by writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling SEA, at
(202)245-0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service
(FIRS)at 1-800-877-8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), NSR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by NSR's filing of a notice of consummation by August 9, 2008, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* Decided: August 1, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-15346 Filed 8-8-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Proposed Information Collection; Comment Request AGENCY: Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comments. SUMMARY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on a proposed information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget
(OMB)control number. The OCC is soliciting comments concerning an information collection titled “Bank Secrecy Act/Money Laundering Risk Assessment” (a.k.a. Money Laundering Risk
(MLR)System. DATES: Comments must be submitted by October 9, 2007. ADDRESSES: Communications Division, Office of the Comptroller of the Currency, Public Information Room, Mailstop 1-5, Attention: 1557-0231, 250 E. Street, SW., Washington, DC 20219. In addition, comments may be sent by fax to
(202)874-4448, or by electronic mail to *regs.comments@occ.treas.gov.* You may personally inspect and photocopy comments at the OCC's Public Information Room, 250 E. Street, SW., Washington, DC. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling
(202)874-5043. Upon arrival, visitors will be required to present valid government-issued photo identification and submit to security screening in order to inspect and photocopy comments. Additionally, you should send a copy of your comments to OMB Desk Officer, 1557-0231, by mail to U.S. Office of Management and Budget, 725 17th St., NW., #10235, or by fax to
(202)395-6974. FOR FURTHER INFORMATION CONTACT: You can request additional information or a copy of the collection and supporting documentation submitted to OMB by contacting: Mary Gottlieb,
(202)874-5090, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 250 E. Street, SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: The OCC is proposing to extend the approval for the following information collection: *Title:* Bank Secrecy Act/Anti-Money Laundering Risk Assessment. *OMB Number:* 1557-0231. *Affected Public:* Businesses or other for-profit. *Type of Review:* Regular review. *Abstract:* The Risk Assessment enhances the ability of examiners and bank management to identify and evaluate any Bank Secrecy Act/Anti-Money Laundering risks associated with the banks' products, services, customers, and locations. As new products and services are introduced, existing products and services change, and the banks expand through mergers and acquisitions, management's evaluation of money laundering and terrorist financing risks must evolve as well. Absent appropriate controls, such as this risk assessment, these lines of business, products, or entities could elevate Bank Secrecy Act/Anti-Money Laundering risks. *Burden Estimates:* *Estimated Number of Respondents:* 1,750. *Estimated Number of Responses:* 1,750. *Frequency of Response:* Annually. *Estimated Annual Burden:* 13,960 hours. *Comments:* All comments will be considered in formulating the subsequent submission and become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information has practical utility;
(b)The accuracy of the agency's estimate of the burden of the collection of information;
(c)Ways to enhance the quality, utility, and clarity of the information to be collected;
(d)Ways to minimize the burden of the collection on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)Estimates of capital or startup costs and costs of operation, maintenance, and purchase of services to provide information. Dated: July 20, 2007. Stuart Feldstein, Assistant Director, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency. [FR Doc. E7-15502 Filed 8-8-07; 8:45 am] BILLING CODE 4810-33-P 72 153 Thursday, August 9, 2007 Presidential Documents Title 3— The President Proclamation 8164 of August 6, 2007 Women's Equality Day, 2007 By the President of the United States of America A Proclamation On Women's Equality Day, we commemorate the adoption of the 19th Amendment to our Constitution and the strong leadership of extraordinary women who have made America a more perfect Union by advancing women's suffrage. At the Seneca Falls Convention of 1848, a group of visionaries gathered to proclaim the ideas that “all men and women are created equal” and “endowed by their Creator with certain inalienable rights.” That gathering grew into a national movement that led to the ratification of the 19th Amendment, guaranteeing women the right to vote. This achievement reflects the vision and determination of the suffragists who stood for a freer society and changed our Nation's history. Since the passage of the 19th Amendment, pioneers such as Margaret Chase Smith and Sandra Day O'Connor rose above obstacles and broke down barriers to equality. Today, American women are shaping our Nation and the world by serving in all walks of life. Many brave women volunteer to wear the uniform of the United States, and they serve as an inspiration to all. Our Nation is grateful for the bold leadership of American women who have opened doors of opportunity for women of future generations. On Women's Equality Day we honor the suffragists and all those who seek to expand equality in our world. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim August 26, 2007, as Women's Equality Day. I call upon the people of the United States to celebrate the achievements of women and observe this day with appropriate programs and activities. IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of August, in the year of our Lord two thousand seven, and of the Independence of the United States of America the two hundred and thirty-second. GWBOLD.EPS [FR Doc. 07-3918 Filed 8-8-07; 8:45 am]
Connectionstraces to 3
16 references not yet in our index
  • 49 CFR 391.41(b)(8)
  • 49 CFR 390.5
  • Pub. L. 105-383
  • Pub. L. 107-295
  • 46 CFR 388
  • 49 CFR 1152
  • 49 CFR 1105.7
  • 49 CFR 1105.8
  • 49 CFR 1105.11
  • 49 CFR 1105.12
  • 49 CFR 1152.50(d)(1)
  • 49 CFR 1152.27(c)(2)
  • 49 CFR 1152.29
  • 49 CFR 1152.28
  • 49 CFR 1002.2(f)(25)
  • 49 CFR 1152.29(e)(2)
Citation graph
cites case law
Notices
Notice of final disposition
U.S.C.§ 31136
U.S.C.§ 31315
U.S.C.§ 10502
Cite49 CFR 391.41(b)(8)
Cite49 CFR 390.5
Pub. L.Pub. L. 105-383
Pub. L.Pub. L. 107-295
Cite46 CFR 388
Cites 19 · showing 8Cited by 0 across 0 sources
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