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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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. 

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 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice of public meeting; 

change in location. 

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: 

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. 

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