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. 

(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 

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: http:// 

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 

http://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 http:// 

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 

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. 

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Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 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 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 

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. 

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 http:// 

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 http:// 

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 

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