Notice of Establishment of Emergency Relief Docket for Calendar Year 2009, 3131-3132 [E9-858]

Download as PDF 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 mstockstill on PROD1PC66 with NOTICES 3132 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices not exceed three months; however, additional time may be requested through a second petition for relief. A petition for relief from administrative requirements will be conditionally granted for a period of three (3) business days from the date it is submitted to the Emergency Relief Docket. FTA will review the petition after the expiration of the three business days and review any comments submitted thereto. FTA may contact the grantee or subgrantee that submitted the request for relief, or any party that submits comments to the docket, to obtain more information prior to making a decision. FTA shall then post a decision to the Emergency Relief Docket. FTA’s decision will be based on whether the petition meets the criteria for use of these emergency procedures, the substance of the request, and the comments submitted regarding the petition. If FTA does not respond to the request for relief to the docket within three business days, the grantee or subgrantee may assume its petition is granted for a period not to exceed three months until and unless FTA states otherwise. Pursuant to section 604.2(f) of FTA’s charter rule (73 FR 2325, Jan. 14, 2008), grantees and subgrantees may assist with evacuations or other movement of people that might otherwise be considered charter transportation when that transportation is in response to an emergency declared by the President, governor, or mayor, or in an emergency requiring immediate action prior to a formal declaration, even if a formal declaration of an emergency is not eventually made by the President, governor or mayor. Therefore, a request for relief is not necessary in order to provide this service. However, if the emergency lasts more than 45 calendar days, the grantee or subgrantee shall follow the procedures set out in this notice. FTA reserves the right to reopen any docket and reconsider any decision made pursuant to these emergency procedures based upon its own initiative, based upon information or comments received subsequent to the three business day comment period, or at the request of a grantee or subgrantee upon denial of a request for relief. FTA shall notify the grantee or subgrantee if it plans to reconsider a decision. FTA decision letters, either granting or denying a petition, shall be posted in the Emergency Relief Docket and shall reference the document number of the petition to which it relates. VerDate Nov<24>2008 19:02 Jan 15, 2009 Jkt 217001 Issued in Washington, DC, this 9th day of January, 2009. Severn E.S. Miller, FTA Chief Counsel. [FR Doc. E9–858 Filed 1–15–09; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Maritime Administration [USCG–2007–28535] Atlantic Sea Island Group LLC, Safe Harbor Energy Liquefied Natural Gas Deepwater Port License Application Maritime Administration, DOT. Notice of public meeting; change in location. AGENCY: ACTION: SUMMARY: On January 9, 2009, the Maritime Administration published a notice of intent for the Atlantic Sea Island Group LLC, Safe Harbor Energy Liquefied Natural Gas Deepwater Port, with request for comments in the Federal Register, which included locations and times of open houses and public meetings. Subsequent events have required a change in the location of the open house and public meeting to be held on January 29, 2009. This notice provides the information on the new location. Change: The Federal Register published on January 9, 2009 (Volume 74, Number 6, pages 982–984) indicated that the open house and public meeting on January 29, 2009 would be held at the Jackson by the Beach Hotel in Long Beach, New York. The location has been changed and the open house and public meeting on January 29, 2009 will be held at: Long Beach Public Library, 111 West Park Avenue, Long Beach, NY 11561; 516–432–7200. The date, location, and time for the public meeting and open house in Eatontown, New Jersey remains as originally announced. DATES: Public meetings will be held in Eatontown, New Jersey on January 27, 2009; and in Long Beach, New York on January 29, 2009. The public meetings will be held from 6 p.m. to 8 p.m. and will be preceded by an open house from 4:30 p.m. to 6 p.m. The public meetings may end later than the stated time, depending on the number of persons wishing to speak. ADDRESSES: The open house and public meeting on January 27, 2009 will be held at: The Sheraton of Eatontown, 6 Industrial Way East, Eatontown, NJ 07724; 732–542–6500. The open house and public meeting on January 29, 2009 will be held at: PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 Long Beach Public Library, 111 West Park Avenue, Long Beach, NY 11561; 516–432–7200. FOR FURTHER INFORMATION CONTACT: Mark Prescott, U.S. Coast Guard, telephone: 202–372–1440, e-mail: Mark.A.Prescott@uscg.mil; or LT Hannah Kawamoto, U.S. Coast Guard, telephone: 202–372–1438, e-mail: Hannah.K.Kawamoto@uscg.mil; or Yvette Fields, U.S. Maritime Administration, telephone: 202–366– 0926, e-mail: Yvette.Fields@dot.gov. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–493–0402. By order of the Maritime Administrator. Dated: January 14, 2009. Christine S. Gurland, Acting Secretary, Maritime Administration. [FR Doc. E9–1077 Filed 1–15–09; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Petition for Exemption From the Federal Motor Vehicle Motor Theft Prevention Standard; General Motors Corporation AGENCY: National Highway Traffic Safety Administration, Department of Transportation (DOT). ACTION: Grant of petition for exemption. SUMMARY: This document grants in full the petition of General Motors Corporation (GM), for an exemption in accordance with § 543.9(c)(2) of 49 CFR Part 543, Exemption from the Vehicle Theft Prevention Standard, for the GMC small crossover vehicle line beginning with model year (MY) 2010. This petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the partsmarking requirements of the Theft Prevention Standard. DATES: The exemption granted by this notice is effective beginning with model year (MY) 2010. FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of International Policy, Fuel Economy and Consumer Standards, NHTSA, 1200 New Jersey Avenue, SE., Washington, DC 20590. Ms. Mazyck’s phone number is (202) 366–0846. Her fax number is (202) 493– 2290. E:\FR\FM\16JAN1.SGM 16JAN1

Agencies

[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Notices]
[Pages 3131-3132]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-858]


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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.

SUPPLEMENTARY INFORMATION: 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

[[Page 3132]]

not exceed three months; however, additional time may be requested 
through a second petition for relief.
    A petition for relief from administrative requirements will be 
conditionally granted for a period of three (3) business days from the 
date it is submitted to the Emergency Relief Docket. FTA will review 
the petition after the expiration of the three business days and review 
any comments submitted thereto. FTA may contact the grantee or 
subgrantee that submitted the request for relief, or any party that 
submits comments to the docket, to obtain more information prior to 
making a decision. FTA shall then post a decision to the Emergency 
Relief Docket. FTA's decision will be based on whether the petition 
meets the criteria for use of these emergency procedures, the substance 
of the request, and the comments submitted regarding the petition. If 
FTA does not respond to the request for relief to the docket within 
three business days, the grantee or subgrantee may assume its petition 
is granted for a period not to exceed three months until and unless FTA 
states otherwise.
    Pursuant to section 604.2(f) of FTA's charter rule (73 FR 2325, 
Jan. 14, 2008), grantees and subgrantees may assist with evacuations or 
other movement of people that might otherwise be considered charter 
transportation when that transportation is in response to an emergency 
declared by the President, governor, or mayor, or in an emergency 
requiring immediate action prior to a formal declaration, even if a 
formal declaration of an emergency is not eventually made by the 
President, governor or mayor. Therefore, a request for relief is not 
necessary in order to provide this service. However, if the emergency 
lasts more than 45 calendar days, the grantee or subgrantee shall 
follow the procedures set out in this notice.
    FTA reserves the right to reopen any docket and reconsider any 
decision made pursuant to these emergency procedures based upon its own 
initiative, based upon information or comments received subsequent to 
the three business day comment period, or at the request of a grantee 
or subgrantee upon denial of a request for relief. FTA shall notify the 
grantee or subgrantee if it plans to reconsider a decision. FTA 
decision letters, either granting or denying a petition, shall be 
posted in the Emergency Relief Docket and shall reference the document 
number of the petition to which it relates.

    Issued in Washington, DC, this 9th day of January, 2009.
Severn E.S. Miller,
FTA Chief Counsel.
 [FR Doc. E9-858 Filed 1-15-09; 8:45 am]
BILLING CODE 4910-57-P
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