30-day Federal Register Notice

Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices
Attendance is open to the interested
public but limited to space availability.
With the approval of the chairmen,
members of the public may present oral
statements at the meeting. Persons
wishing to present statements or obtain
information should contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. Members of the public
may present a written statement to the
committee at any time.
Issued in Washington, DC, on January 29,
2009.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. E9–2476 Filed 2–4–09; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Environmental Impact Statement:
Shelby County, TN

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AGENCY: Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of Intent.
SUMMARY: The FHWA is issuing this
notice to advise the public that an
Environmental Impact Statement will be
prepared for the improvement of North
Second Street in Memphis, Tennessee.
The project begins at Interstate 40 and
extends north to the intersection of U.S.
51 and Whitney Avenue.
The FHWA issued a notice to advise
the public that the Notice of Intent
published on November 7, 2002, to
prepare an Environmental Impact
Statement (EIS) for the proposed North
Second Street project in Memphis,
Tennessee was being rescinded. This
Notice to rescind the previously
published Notice of Intent was
published in the Federal Register on
Wednesday, December 24, at 73 FR
79203.
An EIS has not been completed for
this proposed project since the original
NOI was issued to the Federal Register
on November 7, 2002. Since the limits
of the project have been extended and
other changes have occurred, a new EIS
will be prepared.
FOR FURTHER INFORMATION CONTACT: Mr.
Charles J. O’Neill, Planning and
Program Management Team Leader,
Federal Highway Administration,
Tennessee Division Office, 640
Grassmere Park Road, Suite 112,
Nashville, TN 37211, Telephone: (615)
781–5772.
SUPPLEMENTARY INFORMATION: The
project would improve North Second
Street and North Third Street to form a
one-way pair from I–40 to Chelsea

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Avenue and would construct a four-lane
two-way roadway from Chelsea Avenue
to the intersection of U.S. 51 and
Whitney Avenue north of downtown
Memphis. Segments of the proposed
project will follow existing streets while
a segment north of the Wolf River will
be on new location. The length of the
proposed improvement is
approximately 4.0 miles.
Alternatives to be considered are (1)
No-Build; (2) Transportation System
Management (TSM) activities; (3) Mass
Transit; (4) one build alternative; and
other alternatives that may arise from
public and agency input.
Early coordination letters describing
the proposed action and soliciting
comments have been sent to Federal,
State, and local officials and agencies, as
well as private organizations and
citizens who have expressed or are
known to have an interest in the
proposed project.
Two scoping meetings have been held
in the project corridor with Federal,
State and local agencies and officials;
private organizations, citizens, and
interest groups, giving them an
opportunity to provide input into the
Environmental Impact Statement and
identify issues of concern.
Four early public involvement
meetings have been conducted in the
project corridor to solicit comments
from the local community, as well as to
inform low income and minority
families of the proposed project and
afford them an opportunity to ask
questions and express their opinions on
the project.
A corridor Public Hearing will be held
upon completion of the Draft
Environmental Impact Statement and
public notice will be given of the time
and place of the hearing. The Draft EIS
will be available for public and agency
review and comment prior to the public
hearing.
To ensure that a full range of issues
related to this proposed action are
identified and taken into account,
comments and suggestions are invited
from all parties. Comments or questions
concerning this proposed action and the
EIS should be directed to the FHWA
contact person identified above at the
address provided.
(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
proposed program.)

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6203

Issued on: January 29, 2009.
Charles J. O’Neill,
Planning and Program Mgmt. Team Leader,
Nashville, TN.
[FR Doc. E9–2449 Filed 2–4–09; 8:45 am]
BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2009–0395]

Agency Information Collection
Activities; Revision and Renewal of a
Currently Approved Information
Collection: OMB Control No. 2126–
0017 (Financial Responsibility—Motor
Carriers, Freight Forwarders and
Brokers)
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for its
review and approval. The FMCSA
requests OMB approval to revise and
renew a currently-approved ICR
entitled, ‘‘Financial Responsibility,
Trucking and Freight Forwarding,’’ to
reflect an increase in burden hours due
to an increase in the estimated number
of annual responses. In addition, the
title of the ICR is being changed to
‘‘Financial Responsibility—Motor
Carriers, Freight Forwarders and
Brokers,’’ to better describe its purpose.
This ICR sets forth the financial
responsibility documentation
requirements for motor carriers
(property and passenger), freight
forwarders and property brokers so they
can maintain the minimum levels of
financial responsibility required under
the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate in
interstate, foreign or intrastate
commerce. On November 24, 2008,
FMCSA published a Federal Register
notice allowing for a 60-day comment
period on the ICR. No comments were
received.
DATES: Please send your comments by
March 9, 2009. OMB must receive your
comments by this date in order to act
quickly on the ICR.
ADDRESSES: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and

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6204

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

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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
[email protected], 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: [email protected].
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

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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

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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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