14612 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2008–0289] 

Filing Requirements of 49 U.S.C. 

14123; The Motor Carrier Financial and 

Operating Statistics Program (the 

Annual Form M Filing); Application for 

Exemption From Swift Transportation 

Corporation 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

published a Federal Register notice of 

an application by Swift Transportation 

Corporation (Swift Transportation) for 

an exemption from the requirement 

annually to report certain financial 

information (49 CFR 369.1). Swift 

Transportation stated that disclosing 

this information would cause 

competitive harm. The Agency received 

one comment to the public docket. The 

Agency has considered the comment 

and grants Swift Transportation’s 

request for exemption. 

DATES: This exemption is effective until 

December 31, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Rhonda Scott, Office of Information 

Technology, IT Operations Division, 

(202) 366–4134; Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Background 

Although 49 U.S.C. 14123 requires 

certain motor carriers annually to file 

financial and safety reports with 

FMCSA, subsection (c) authorizes 

exemptions from the filing requirements 

or from public release of the 

information. Exemption requests must 

comply with 49 CFR 369.9, and the 

request must be published in the 

Federal Register. 

Swift Transportation’s Application for 

Exemption 

On December 14, 2007, Swift 

Transportation applied for an 

exemption under 49 CFR 369.9 from 

disclosing confidential business 

information to the public. A privately 

held corporation, Swift Transportation 

argued that disclosure of this 

information would result in competitive 

harm. 

Comments 

FMCSA published a Federal Register 

notice announcing the application on 

November 6, 2008 (73 FR 66095). One 

comment was submitted to the docket. 

The commenter concurred with the 

request on the ground that the data is 

not being used and the requirement is 

no longer needed. 

FMCSA Decision 

FMCSA reviewed the comment and 

the documentation submitted by the 

applicant. The Agency determined that 

Swift Transportation is not a publicly 

held corporation and that it provided 

sufficient support for the claim of 

competitive harm, both of which are 

preconditions for an exemption under 

49 CFR 369.9. The Agency therefore 

grants the exemption, which will be 

effective from March 31, 2008 through 

December 31, 2011 (§ 369.9(g)). 

Issued on: March 18, 2009. 

Rose A. McMurray, 

Acting Deputy Administrator. 

[FR Doc. E9–6460 Filed 3–30–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

International Standards on the 

Transport of Dangerous Goods; Public 

Meeting 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of 

Transportation. 

ACTION: Notice of public meeting. 

SUMMARY: This notice is to advise 

interested persons that PHMSA will 

conduct a public meeting in preparation 

for the 35th session of the United 

Nations Sub-Committee of Experts on 

the Transport of Dangerous Goods 

(UNSCOE TDG) to be held June 22–26, 

2009 in Geneva, Switzerland. During 

this meeting, PHMSA is also soliciting 

comments relative to potential new 

work items which may be considered 

for inclusion in its international agenda, 

and comments relative to a potential 

future rulemaking action regarding the 

use and applicability of international 

standards. 

Information Regarding the UNSCOE 

TDG Meeting 

DATES: Wednesday, June 17, 2009; 9:30 

a.m.–12 p.m. 

ADDRESSES: The meeting will be held at 

the DOT Headquarters, West Building, 

Oklahoma City Conference Room, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

Conference Call Capability/Live 

Meeting Information: Conference call-in 

and ‘‘live meeting’’ capability will be 

provided for this meeting. Specific 

information on call-in and live meeting 

access will be posted when available at 

http://www.phmsa.dot.gov/hazmat/ 

regs/international. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Duane Pfund, Director, Office of 

International Standards or Mr. Shane 

Kelley, International Transportation 

Specialist, Office of Hazardous 

Materials Safety, Department of 

Transportation, Washington, DC 20590; 

(202) 366–0656. 

SUPPLEMENTARY INFORMATION: The 

primary purpose of this meeting will be 

to prepare for the 35th session of the 

UNSCOE TDG. The 35th session of the 

UNSCOE TDG is the first meeting in the 

current 2009–2010 biennium. The 

UNSCOE will consider proposals for the 

16th Revised Edition of the United 

Nations Recommendations on the 

Transport of Dangerous Goods Model 

Regulations which will come into force 

in the international regulations from 

January 1, 2013. Topics on the agenda 

for the UNSCOE TDG meeting include: 

• Explosives and related matters; 

• Listing, classification and packing; 

• Electric storage systems; 

• Miscellaneous proposals of 

amendments to the Model Regulations 

on the Transport of Dangerous Goods; 

• Electronic data interchange (EDT) 

for documentation purposes; 

• Cooperation with the International 

Atomic Energy Agency (IAEA); 

• Global harmonization of transport 

of dangerous goods regulations with the 

UN Model Regulations; 

• Guiding principles for the Model 

Regulations; and 

• Issues relating to the Globally 

Harmonized System of Classification 

and Labelling of Chemicals (GHS). 

In addition, PHMSA is soliciting 

comments on how to further enhance 

harmonization for international 

transport of hazardous materials. 

PHMSA has finalized a broad 

international strategic plan and 

welcomes input on items which 

stakeholders believe should be included 

as specific initiatives within this plan. 

PHMSA’s Office of International 

Standards Strategic Plan can be 

accessed at: http://www.phmsa.dot.gov/ 

hazmat/regs/intemational. 

Finally, PHMSA is soliciting 

comments regarding a potential future 

rulemaking action regarding the use of 

international regulations, in particular 

the International Civil Aviation 

Organization’s Technical Instructions 

for the Safe Transport of Dangerous 


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