Commercial Driver's License Standards: Application for Exemption; Volvo Trucks North America (Volvo), 3130-3131 [E9-850]

Download as PDF 3130 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices future roadways and other transportation infrastructure that will help facilitate orderly growth and development and access to areas within Bernalillo County and Sandoval County planned for development. In the longer term, the proposed transportation corridor will also provide a safe and efficient outer beltway for the expanding Albuquerque and Rio Rancho metropolitan area. Alternatives under consideration include: (1) Taking no action; and, (2) various centerline alignment alternatives. Letters describing the proposed action and requesting comments will be sent to appropriate federal, state, and local agencies, and to private organizations and individuals who have previously expressed, or are known to have an interest, in the proposed action. A scoping meeting(s) will be scheduled in early February 2009. Agencies and other potential stakeholders having a likely interest in the proposed project will be informed of the scoping meeting by letter and by notices published in local and regional newspapers. A notice of intent to prepare a tiered EIS will be published in local newspapers in January 2008. The local notice will describe the proposed action and the intent of FHWA, NMDOT, and Sandoval County to prepare an environmental impact statement. It will also request comments from the public on issues of interest and concern and on alternatives to be considered. To ensure that the full range of issues related to the proposed action are addressed and all significant issues are identified, comments, suggestions, and questions are invited from all interested parties. Comments, questions, and suggestions about the proposed action and the EIS should be sent to the FHWA at the address provided above. mstockstill on PROD1PC66 with NOTICES (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.) Issued on January 12, 2009. J. Don Martinez, Division Administrator, Federal Highway Administration, Santa Fe, New Mexico. [FR Doc. E9–913 Filed 1–15–09; 8:45 am] BILLING CODE 4910–22–P VerDate Nov<24>2008 19:02 Jan 15, 2009 Jkt 217001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2006–25756] Commercial Driver’s License Standards: Application for Exemption; Volvo Trucks North America (Volvo) AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. SUMMARY: FMCSA announces that Volvo Trucks North America (Volvo) has applied for an exemption from the Federal requirement for a driver of commercial motor vehicles (CMVs) to hold a commercial driver’s license (CDL). Volvo requests that the exemption cover one Swedish field test engineer who will test-drive CMVs for Volvo within the United States. This Volvo employee holds a valid Swedish CDL. Volvo states the exemption is needed to support a Volvo field test to meet future clean air standards, to testdrive Volvo prototype vehicles to verify results in ‘‘real world’’ environments, and to deliver the vehicles if necessary in the United States. Volvo believes the knowledge and skills tests and training program that Swedish drivers undergo to obtain a Swedish CDL ensures the exemption would provide a level of safety that is equivalent to, or greater than, the level of safety obtained by complying with the U.S. requirements for a CDL. DATES: Comments must be received on or before February 17, 2009. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– 2006–25756 by any of the following methods: • Federal eRulemaking Portal: 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, 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., 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 detailed instructions on submitting comments and additional information on the exemption process, see the Public Participation heading PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 below. Note that all comments received will be posted without change to https://www.regulations.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 https:// www.regulations.gov, and follow the online instructions for accessing the dockets, or go to the street address listed above. 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 (65 FR 19476) or you may visit https:// DocketInfo.dot.gov. Public Participation: The Federal eRulemaking Portal is available 24 hours each day, 365 days each year, You can get electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the Federal eRulemaking Portal Web site. If you want us to notify you that we received your comments, please include a selfaddressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments online. Comments received after the comment closing date will be included in the docket, and we will consider late comments to the extent practicable. FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Bus and Truck Standards and Operations; Telephone: 202–366–4325. E-mail: MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: Background Section 4007 of the Transportation Equity Act for the 21st Century (Pub. L. 105–178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from motor carrier safety regulations. Under its regulations, FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including the conducting of any safety analyses. The Agency must also provide an opportunity for public comment on the application. E:\FR\FM\16JAN1.SGM 16JAN1 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices mstockstill on PROD1PC66 with NOTICES The Agency reviews the safety analyses and the public comments, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reason for denying or, in the alternative, the specific person or class of persons receiving the exemption, and the regulatory provision or provisions from which exemption is granted. The notice must also specify the effective period of the exemption (up to 2 years), and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Request for Exemption Volvo has applied for an exemption from the commercial driver’s license (CDL) rules, specifically 49 CFR 383.23 that prescribes licensing requirements for drivers operating commercial motor vehicles (CMVs) in interstate or intrastate commerce. Volvo requests the exemption because this driver-employee is a citizen and resident of Sweden, and therefore cannot apply for a CDL in any of the United States. A copy of the application is in Docket No. FMCSA– 2006–25756. The exemption would allow one driver to operate CMVs in interstate commerce as part of a team of drivers who will support a Volvo field test to meet future air quality standards, to testdrive Volvo prototype vehicles at its test site and in the vicinity around Phoenix, Arizona, to verify results in ‘‘real world’’ environments, and to deliver the vehicles if necessary in the U.S. The driver is named Michael Tellstrom, and Volvo requests that the exemption cover a two-year period beginning April 2009. This driver holds a valid Swedish CDL, and as explained by Volvo in previous exemption requests, drivers applying for a Swedish-issued CDL must undergo a training program and pass knowledge and skills tests. Volvo also stated in prior exemption requests that the knowledge and skills tests and training program that Swedish drivers undergo to obtain a Swedish CDL ensure the exemption provides a level of safety that is equivalent to, or greater than, the level of safety obtained by complying with the U.S. requirement for a CDL. FMCSA has previously determined the process for obtaining a Swedishissued CDL is comparable to, or as effective as the Federal requirements of Part 383, and adequately assesses the driver’s ability to operate CMVs in the VerDate Nov<24>2008 19:02 Jan 15, 2009 Jkt 217001 U.S. Previously, on several other occasions FMCSA had published notices concerning similar Volvo Requests. An initial notice of a similar nature was published by FMCSA on May 12, 2006, granting this exemption to Volvo for 11 Swedish CDL drivers permitting them to operate CMVs in the U.S. (71 FR 27780). Request for Comments In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA requests public comment on Volvo’s application for an exemption from the CDL requirements of 49 CFR 383.23. The Agency will consider all comments received by close of business on February 17, 2009. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will consider to the extent practicable comments received in the public docket after the closing date of the comment period. Issued on: January 9, 2009. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E9–850 Filed 1–15–09; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket FTA–2009–0001] Notice of Establishment of Emergency Relief Docket for Calendar Year 2009 AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Notice. SUMMARY: As provided in 49 CFR Part 601, Subpart D, (72 FR 910, Jan. 9, 2007), the Federal Transit Administration (FTA) must, by January 31 of each year, establish an Emergency Relief Docket so grantees and subgrantees affected by national or regional emergencies may request relief from FTA administrative requirements set forth in FTA policy statements, circulars, guidance documents, and regulations. By this notice, FTA is establishing an Emergency Relief Docket for calendar year 2009. FOR FURTHER INFORMATION CONTACT: Bonnie L. Graves, Attorney-Advisor, Legislation and Regulations Division, Office of Chief Counsel, Federal Transit Administration, 1200 New Jersey Ave., SE., Room E56–303, Washington, DC 20590, phone: (202) 366–4011, fax: (202) 366–3809, or e-mail, Bonnie.Graves@dot.gov. PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 3131 The Administrator in his/her sole discretion shall determine the need for opening the Emergency Relief Docket. It may be opened at the request of a grantee or subgrantee, or on the Administrator’s own initiative. When the Emergency Relief Docket is opened, FTA will post a notice on its Web site, at https:// www.fta.dot.gov. In addition, a notice will be posted in the docket. In the event a grantee or subgrantee believes the Emergency Relief Docket should be opened and it has not been opened, that grantee or subgrantee may submit a petition in duplicate to the Administrator, via U.S. mail, to: Federal Transit Administration, 1200 New Jersey Ave., SE., Washington, DC 20590; via telephone, at: (202) 366–4043; or via fax, at: (202) 366–3472, requesting opening of the Docket for that emergency and including the information set forth below. All petitions for relief from administrative requirements must be posted in the docket in order to receive consideration by FTA. The docket is publicly accessible and can be accessed 24 hours a day, seven days a week, via the Internet at https:// www.regulations.gov. Petitions may also be submitted by U.S. mail or by hand delivery to the DOT Docket Management Facility, 1200 New Jersey Ave., SE., Room W12–140, Washington, DC 20590. Any grantee or subgrantee submitting petitions for relief or comments to the docket must include the agency name (Federal Transit Administration) and docket number FTA–2009–0001. Grantees and subgrantees making submissions to the docket by mail or hand delivery should submit two copies. In the event a grantee or subgrantee needs to request immediate relief and does not have access to electronic means to request that relief, the grantee or subgrantee may contact any FTA regional office or FTA headquarters and request that FTA staff submit the petition on its behalf. A petition for relief shall: (a) Identify the grantee or subgrantee and its geographic location; (b) Specifically address how an FTA requirement in a policy statement, circular, or agency guidance will limit a grantee’s or subgrantee’s ability to respond to an emergency or disaster; (c) Identify the policy statement, circular, guidance document and/or rule from which the grantee or subgrantee seeks relief; and (d) Specify if the petition for relief is one-time or ongoing, and if ongoing identify the time period for which the relief is requested. The time period may SUPPLEMENTARY INFORMATION: E:\FR\FM\16JAN1.SGM 16JAN1

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[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Notices]
[Pages 3130-3131]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-850]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25756]


Commercial Driver's License Standards: Application for Exemption; 
Volvo Trucks North America (Volvo)

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

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA announces that Volvo Trucks North America (Volvo) has 
applied for an exemption from the Federal requirement for a driver of 
commercial motor vehicles (CMVs) to hold a commercial driver's license 
(CDL). Volvo requests that the exemption cover one Swedish field test 
engineer who will test-drive CMVs for Volvo within the United States. 
This Volvo employee holds a valid Swedish CDL. Volvo states the 
exemption is needed to support a Volvo field test to meet future clean 
air standards, to test-drive Volvo prototype vehicles to verify results 
in ``real world'' environments, and to deliver the vehicles if 
necessary in the United States. Volvo believes the knowledge and skills 
tests and training program that Swedish drivers undergo to obtain a 
Swedish CDL ensures the exemption would provide a level of safety that 
is equivalent to, or greater than, the level of safety obtained by 
complying with the U.S. requirements for a CDL.

DATES: Comments must be received on or before February 17, 2009.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2006-25756 by any of the following 
methods:
     Federal eRulemaking Portal: 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, 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., 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 detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to https://www.regulations.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 https://www.regulations.gov, and follow the 
online instructions for accessing the dockets, or go to the street 
address listed above.
    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 (65 FR 19476) or you may visit https://DocketInfo.dot.gov.
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year, You can get electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal Web site. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket, and we will 
consider late comments to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Bus and Truck Standards and 
Operations; Telephone: 202-366-4325. E-mail: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION: 

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315 
and 31136(e) to provide authority to grant exemptions from motor 
carrier safety regulations. Under its regulations, FMCSA must publish a 
notice of each exemption request in the Federal Register (49 CFR 
381.315(a)). The Agency must provide the public an opportunity to 
inspect the information relevant to the application, including the 
conducting of any safety analyses. The Agency must also provide an 
opportunity for public comment on the application.

[[Page 3131]]

    The Agency reviews the safety analyses and the public comments, and 
determines whether granting the exemption would likely achieve a level 
of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reason for denying or, in the alternative, the 
specific person or class of persons receiving the exemption, and the 
regulatory provision or provisions from which exemption is granted. The 
notice must also specify the effective period of the exemption (up to 2 
years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

Request for Exemption

    Volvo has applied for an exemption from the commercial driver's 
license (CDL) rules, specifically 49 CFR 383.23 that prescribes 
licensing requirements for drivers operating commercial motor vehicles 
(CMVs) in interstate or intrastate commerce. Volvo requests the 
exemption because this driver-employee is a citizen and resident of 
Sweden, and therefore cannot apply for a CDL in any of the United 
States. A copy of the application is in Docket No. FMCSA-2006-25756.
    The exemption would allow one driver to operate CMVs in interstate 
commerce as part of a team of drivers who will support a Volvo field 
test to meet future air quality standards, to test-drive Volvo 
prototype vehicles at its test site and in the vicinity around Phoenix, 
Arizona, to verify results in ``real world'' environments, and to 
deliver the vehicles if necessary in the U.S. The driver is named 
Michael Tellstrom, and Volvo requests that the exemption cover a two-
year period beginning April 2009.
    This driver holds a valid Swedish CDL, and as explained by Volvo in 
previous exemption requests, drivers applying for a Swedish-issued CDL 
must undergo a training program and pass knowledge and skills tests. 
Volvo also stated in prior exemption requests that the knowledge and 
skills tests and training program that Swedish drivers undergo to 
obtain a Swedish CDL ensure the exemption provides a level of safety 
that is equivalent to, or greater than, the level of safety obtained by 
complying with the U.S. requirement for a CDL.
    FMCSA has previously determined the process for obtaining a 
Swedish-issued CDL is comparable to, or as effective as the Federal 
requirements of Part 383, and adequately assesses the driver's ability 
to operate CMVs in the U.S. Previously, on several other occasions 
FMCSA had published notices concerning similar Volvo Requests. An 
initial notice of a similar nature was published by FMCSA on May 12, 
2006, granting this exemption to Volvo for 11 Swedish CDL drivers 
permitting them to operate CMVs in the U.S. (71 FR 27780).

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Volvo's application for an exemption from 
the CDL requirements of 49 CFR 383.23. The Agency will consider all 
comments received by close of business on February 17, 2009. Comments 
will be available for examination in the docket at the location listed 
under the ADDRESSES section of this notice. The Agency will consider to 
the extent practicable comments received in the public docket after the 
closing date of the comment period.

    Issued on: January 9, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E9-850 Filed 1-15-09; 8:45 am]
BILLING CODE 4910-EX-P
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