6204 Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 

Budget. Comments should be addressed 

to the attention of the Desk Officer, 

Department of Transportation/Federal 

Motor Carrier Safety Administration, 

and sent via electronic mail to 

oira_submission@omb.eop.gov, or faxed 

to (202) 395–6974, or mailed to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Docket Library, Room 10102, 

725 17th Street, NW., Washington, DC 

20503. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Dorothea Grymes, Transportation 

Specialist, Office of Enforcement and 

Compliance, Commercial Enforcement 

Division, Department of Transportation, 

Federal Motor Carrier Safety 

Administration, 6th Floor, West 

Building, 1200 New Jersey Ave., SE., 

Washington, DC 20590–0001. 

Telephone Number: (202) 385–2405; email Address: dorothea.grymes@dot.gov. 

Office hours are from 9 a.m. to 5 p.m., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Title: Financial Responsibility— 

Motor Carriers, Freight Forwarders and 

Brokers (formerly titled ‘‘Financial 

Responsibility, Trucking and Freight 

Forwarding’’). 

OMB Control Number: 2126–0017. 

Type of Request: Revision of a 

currently-approved information 

collection. 

Respondents: Motor carriers, freight 

forwarders and brokers. 

Estimated Number of Respondents: 

251,415. 

Estimated Time per Response: The 

estimated average burden per response 

for the Form BMC–40 is 40 hours. The 

estimated average burden per response 

for all of the other remaining insurance 

forms (BMC–32, 34, 35, 36, 82, 83, 84, 

85, 90, 91, and 91X) is 10 minutes per 

form. 

Expiration Date: February 28, 2009. 

Frequency of Response: Certificates of 

insurance, surety bonds, and trust fund 

agreements are required when the 

transportation entity first registers with 

the FMCSA and then when such 

coverages are changed or replaced by 

these entities. Notices of cancellation 

are required only when such certificates 

of insurance, surety bonds or trust fund 

agreements are canceled. The Form 

BMC–40 is generally filed only when a 

carrier seeks approval from FMCSA to 

self-insure its bodily injury and 

property damage (BI&PD) and/or cargo 

liability coverage. 

Estimated Total Annual Burden: 

66,960 hours [200 hours (5 BMC–40 

filings per year × 40 hours to complete) 

+ 66,760 hours (400,560 filings per year 

for all of the other insurance forms × 10 

minutes/60 minutes to complete) = 

66,960 hours]. 

Background 

The Secretary of Transportation 

(Secretary) is authorized to register forhire motor carriers of property and 

passengers under the provisions of 49 

U.S.C. 13902, surface freight forwarders 

under the provisions of 49 U.S.C. 13903, 

and property brokers under the 

provisions of 49 U.S.C. 13904. These 

persons may conduct transportation 

services only if they are registered 

pursuant to 49 U.S.C. 13901. The 

Secretary has delegated authority 

pertaining to these registration 

requirements to the FMCSA. The 

registration remains valid only as long 

as these transportation entities 

maintain, on file with the FMCSA, 

evidence of the required levels of 

insurance coverage. See 49 U.S.C. 

13906. FMCSA regulations governing 

the financial responsibility 

requirements for these entities are found 

at 49 CFR part 387. 

Forms for Endorsements, Certificates of 

Insurance and Others 

Evidence of Bodily Injury and 

Property Damage (BI&PD) Liability. 

Forms BMC–91 and 91X entitled, 

‘‘Motor Carrier Automobile Bodily 

Injury and Property Damage Liability 

Certificate of Insurance,’’ and Form 

BMC–82 entitled, ‘‘Motor Carrier Bodily 

Injury and Property Damage Liability 

Surety Bond Under 49 U.S.C. § 13906,’’ 

provide evidence of the required 

coverage for BI&PD liability. 

Requirement to obtain Surety Bond or 

Trust Fund Agreement. Form BMC–34 

entitled, ‘‘Motor Carrier Cargo Liability 

Certificate of Insurance,’’ and Form 

BMC–83 entitled ‘‘Motor Carrier Cargo 

Liability Surety Bond Under 49 U.S.C. 

13906,’’ establish a carrier’s compliance 

with the agency’s cargo liability 

requirements. Form BMC–84 entitled, 

‘‘Property Broker’s Surety Bond Under 

49 U.S.C. 13906,’’ and Form BMC–85 

entitled, ‘‘Property Broker’s Trust Fund 

Agreement Under 49 U.S.C. 13906,’’ are 

filed by brokers to comply with the 

requirement that they must have a 

$10,000 surety bond or trust fund 

agreement in effect before FMCSA will 

issue a property broker license. 

Cancellation of Prior Filings. Form 

BMC–35 entitled, ‘‘Notice of 

Cancellation Motor Carrier Insurance 

Under 49 U.S.C. 13906,’’ Form BMC–36 

entitled, ‘‘Notice of Cancellation Motor 

Carrier and Brokers Surety Bonds Under 

49 U.S.C. 13906,’’ and Form 85 entitled, 

‘‘Property Broker’s Trust Fund 

Agreement Under 49 U.S.C. 13906,’’ 

cancel prior filings. 

Endorsements. Form BMC 90 entitled, 

‘‘Endorsement for Motor Carrier Policies 

of Insurance for Automobile Bodily 

Injury and Property Damage Liability 

Under Section 13906, Title 49 of the 

United States Code,’’ and Form BMC–32 

entitled, ‘‘Endorsement for Motor 

Common Carrier Policies of Insurance 

for Cargo Liability Under 49 U.S.C. 

13906,’’ are executed by the insurance 

company, attached to BI&PD and cargo 

insurance policies, respectively, and 

forwarded to the motor carrier or freight 

forwarder. These endorsements are not 

filed with the FMCSA. 

Self Insurance Filings. A motor carrier 

can also apply to the FMCSA to selfinsure BI&PD and/or cargo liability in 

lieu of filing certificates of insurance 

with the FMCSA, as long as the carrier 

maintains a satisfactory safety rating. 

See 49 CFR 387.7(d)(3) and 387.309. 

The Form BMC–40 is the application 

used by carriers to apply for selfinsurance authority. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the agency to perform its 

mission; (2) the accuracy of the 

estimated burden; (3) ways for the 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. The agency will summarize 

or include your comments in the request 

for OMB’s clearance of this information 

collection. 

Issued on: January 29, 2009. 

Terry Shelton, 

Associate Administrator for Research and 

Information Technology. 

[FR Doc. E9–2450 Filed 2–4–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2006–25756] 

Commercial Driver’s License (CDL) 

Standards; Volvo Trucks North 

America, Renewal of Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of exemption; 

request for comments. 

SUMMARY: FMCSA announces its 

decision to renew Volvo Trucks North 

America’s (Volvo) exemption from the 


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Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 6205 

Agency’s requirement that drivers of 

commercial motor vehicles (CMVs) 

possess a commercial driver’s license 

(CDL) issued in the United States (U.S.). 

Volvo requested that its exemption for 

seven Swedish engineers and 

technicians be renewed to enable these 

individuals to continue test driving 

CMVs in the U.S. All seven individuals 

are employees of Volvo and each holds 

a valid Swedish CDL. FMCSA believes 

the knowledge and skills testing and 

training program that Swedish drivers 

must undergo for a Swedish CDL 

ensures a level of safety that is 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with the U.S. requirements 

for a CDL. 

DATES: This exemption will be effective 

from April 23, 2009 through April 23, 

2011. Comments must be received on or 

before March 9, 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: 

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 

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 

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 http:// 

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 

Under 49 U.S.C. 31315 and 31136(e), 

FMCSA may renew an exemption for a 

maximum 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 

procedures for requesting an exemption 

(including a renewal) are prescribed in 

49 CFR part 381. FMCSA has evaluated 

Volvo’s application for a renewal on its 

merits and has decided to grant renewal 

of the exemption for seven of Volvo’s 

engineers and technicians for a 2-year 

period. 

Volvo Application for an Exemption 

Renewal 

Volvo has applied for the renewal of 

an exemption from the commercial 

driver’s licensing rules, specifically 49 

CFR 383.23, which establishes licensing 

requirements for drivers operating 

CMVs in interstate commerce. The 

exemption was originally granted on 

April 23, 2007 (72 FR 20166). Volvo is 

seeking a renewal of this exemption 

because the drivers it employs are 

citizens and residents of Sweden, and as 

such they cannot apply for a CDL from 

a State in the U.S. A copy of the request 

for a renewal is in the docket identified 

at the beginning of this notice. 

The renewal of the exemption will 

enable these seven drivers to operate 

CMVs in the U.S. and continue to 

support Volvo’s field tests to meet 

future clean air standards, to test drive 

prototype vehicles at their test site, and 

to deliver the vehicles, if necessary. The 

drivers are: Peter Hofsten, Thorbjorn 

Ohlund, Freddy Blixt, Johnny 

Adolfsson, Goran Alsen, Kjell Jansson, 

and Lars Svensson. 

Together, these drivers comprise a 

team of designers, currently employed 

by Volvo in Sweden, who want to 

continue driving CMVs in the U.S., to 

test and evaluate prototype and 

production CMVs in order to design safe 

and well-tested vehicles for use on U.S. 

highways. They are experienced CMV 

operators with valid Swedish-issued 

CDLs. It is estimated that each driver 

would continue to drive approximately 

2,500 miles per year on U.S. roads. 

Because each of the drivers was 

required to satisfy strict regulations in 

Sweden to obtain a CDL, and has 

extensive CMV training and experience, 

Volvo believes that the renewal of the 

exemption will continue to achieve a 

level of safety equivalent to the level of 

safety that would be obtained absent the 

exemption. 

Method To Ensure an Equivalent or 

Greater Level of Safety 

Drivers applying to obtain a Swedish 

CDL must take both a knowledge test 

and skills test before a license to operate 

CMVs is issued. This process is 

considered comparable to, or as 

effective as, the requirements of 49 CFR 

part 383 and adequately assesses the 

driver’s ability to operate CMVs in the 

U.S. 

Request for Comments 

In accordance with 49 U.S.C. 

31315(b)(4) and 31136(e), FMCSA 

requests public comments on the 

renewal of Volvo’s exemption from the 

requirements of 49 CFR 383.23. The 

Agency requests that interested parties 

with specific data concerning the safety 

records of the drivers listed in this 

notice submit comments by March 9, 

2009. FMCSA will review all comments 

received by this date and determine 

whether the renewal of the exemption is 

consistent with the requirements of 49 

U.S.C. 31315 and 31136(e). Comments 

received after the comment closing date 

will be filed in the public docket and 

will be considered to the extent 

practicable, but FMCSA may make its 

final decision at any time after the close 

of the comment period. 

FMCSA believes the requirements for 

a renewal of an exemption under 49 

U.S.C. 31315 and 31136(e) can be 

satisfied by initially granting the 

renewal and then requesting and 

subsequently evaluating comments 

submitted by interested parties. As 

indicated above, the Agency previously 


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6206 Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 

published a notice of final disposition 

announcing its decision to exempt these 

seven Volvo drivers from the CDL 

requirement in 49 CFR 383.23. The 

decision to renew the exemption for 

these drivers was based on the merits of 

each driver’s demonstrated knowledge 

and skills about the safe operation of 

CMVs, and only after careful 

consideration of the comments 

submitted in response to the April 23, 

2007 original notice. The notice of 

application for exemption indicated that 

detailed information about the 

qualifications and experience of each of 

the drivers was provided in Volvo’s 

application and that a copy of the 

application is in the docket referenced 

at the beginning of this notice. 

Interested parties or organizations 

possessing information that would 

otherwise show that any or all of these 

drivers are not currently achieving the 

requisite statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

information submitted and, if safety is 

being compromised or if the 

continuation of the exemption is not 

consistent with 49 U.S.C. 31315(b)(4) 

and 31136(e), FMCSA will take 

immediate steps to revoke the 

exemption of the driver(s) in question. 

Issued on: January 29, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–2433 Filed 2–4–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2008–0313] 

Parts and Accessories Necessary for 

Safe Operation; Application for an 

Exemption From Turnpike Global 

Technologies LLC 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

requests public comment on an 

application for exemption from 

Turnpike Global Technologies LLC 

(Turnpike) to allow the placement of 

electronic on board data event recorders 

at the bottom of the windshields on 

commercial motor vehicles (CMV). The 

exemption would enable any motor 

carrier using Turnpike’s RouteTracker 

electronic on-board data event recorders 

to mount the devices lower in the 

windshield than currently permitted by 

the Agency’s regulations in order to 

maximize the ability of the device to 

collect safety and regulatory compliance 

data. Turnpike believes this mounting 

position would maintain a level of 

safety that is equivalent to, or greater 

than, the level of safety achieved 

without the exemption. 

DATES: Comments must be received on 

or before March 9, 2009. 

ADDRESSES: You may submit comments 

identified by FDMS Docket ID Number 

FMCSA–2008–0313 by any of the 

following methods: 

• Web site: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

on the Federal electronic docket site. 

• 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, DOT Building, 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 notice. 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 http:// 

www.regulations.gov, including any 

personal information provided. Please 

see the ‘‘Privacy Act’’ heading for 

further information. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or to Room W12– 

140, DOT Building, New Jersey Avenue, 

SE, Washington, DC, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

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 http:// 

www.regulations.gov. 

Public participation: The http:// 

www.regulations.gov Web site is 

generally 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 http://www.regulations.gov Web 

site and also at the DOT’s http:// 

docketsinfo.dot.gov 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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Luke W. Loy, Vehicle and Roadside 

Operations Division, Office of Bus and 

Truck Standards and Operations (MC– 

PSV), Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001, phone (202) 366–0676, or e-mail 

luke.loy@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4007 of the Transportation 

Equity Act for the 21st Century (TEA– 

21) [Pub. L. 105–178, June 9, 1998, 112 

Stat. 401] amended 49 U.S.C. 31315 and 

31136(e) to provide authority to grant 

exemptions from the Federal Motor 

Carrier Safety Regulations (FMCSRs). 

On August 20, 2004, FMCSA published 

a final rule (69 FR 51589) implementing 

section 4007. Under this rule, FMCSA 

must publish a notice of each exemption 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

the public with an opportunity to 

inspect the information relevant to the 

application, including any safety 

analyses that have been conducted. The 

Agency must also provide an 

opportunity for public comment on the 

request. 

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)). If the Agency denies 

the request, it must state the reason for 

doing so. If the decision is to grant the 

exemption, the notice must specify the 

person or class of persons receiving the 

exemption and the regulatory provision 

or provisions from which an 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 (49 

CFR 381.315(c)). The exemption may be 

renewed (49 CFR 381.300(b)). 

Turnpike’s Application for Exemption 

On April 2, 2008, Turnpike applied 

for an exemption from 49 CFR 


rwilkins on PROD1PC63 with NOTICES