Hours of Service of Drivers; Xora, Inc. Application for an Exemption From the Design Requirements for Automatic On-Board Recording Devices (AOBRs), 33578-33580 [05-11333]

Download as PDF 33578 Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Notices Montebello Library, 1550 West Beverly Blvd., Montebello, CA 90640 Mt. San Antonio College Library, 1100 N. Grand Avenue, Walnut, CA 91789 Palmdale Library, 700 E. Palmdale Blvd., Palmdale, CA 93550 Redondo Beach Library, 303 N. Pacific Coast Highway, Redondo Beach, CA 90277 San Dimas Library, 145 North Walnut Avenue, San Dimas, CA 91773 Santa Monica Library, 1324 Fifth Street, Santa Monica, CA 90401 Torrance Civic Center Library, 3301 Torrance Blvd., Torrance, CA 90503 View Park Library, 3854 West 54th Street, Los Angeles, CA 90043 West Hollywood Library, 715 N. San Vicente Blvd., West Hollywood, CA 90069 Willowbrook Library, 11838 Wilmington Avenue, Los Angeles, CA 90059 Wiseburn Library, 5335 West 135th Street, Hawthorne, CA 90250 Woodcrest Library, 1340 West 106th Street, Los Angeles, CA 90044 UCLA Young Research Library, 280 E. Charles Young Drive, Los Angeles, CA 90095 The ROD may also be viewed at FAA’s Web site: http://www.faa.gov/ arp/awp/index.cfm?nav=awp and the Los Angeles World Airports Web site: http://www.laxmasterplan.org. Questions may be directed to the individual above under the heading FOR FURTHER INFORMATION CONTACT. Issued in Hawthorne, California on May 20, 2005. Mark A. McClardy, Manager, Airports Division, Western-Pacific Region, AWP–600. [FR Doc. 05–11330 Filed 6–7–05; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE–2005–30] Petitions for Exemption; Summary of Petitions Received Federal Aviation Administration (FAA), DOT. ACTION: Notice of petitions for exemption received. AGENCY: this notice is to improve the public’s awareness of, and participation in, this aspect of FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of any petition or its final disposition. DATES: Comments on petitions received must identify the petition docket number involved and must be received on or before June 28, 2005. ADDRESSES: You may submit comments [identified by DOT DMS Docket Number FAA–2005–21288] by any of the following methods: • Web Site: http://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. • Fax: 1–202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 001. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Docket: For access to the docket to read background documents or comments received, go to http:// dms.dot.gov at any time or to Room PL– 401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: Kenna Sinclair (425) 227–1556, Transport Airplane Directorate, ANM– 113, Federal Aviation Administration, 1601 Lind Avenue SE., Renton, WA 98055–4056; or John Linsenmeyer (202) 267–5174, Office of Rulemaking (ARM– 1), Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85 and 11.91. Issued in Washington, DC, on May 31, 2005. Anthony F. Fazio, Director, Office of Rulemaking. Petitions for Exemption Docket No.: FAA–2005–21288. SUMMARY: Pursuant to FAA’s rulemaking Petitioner: Israel Aircraft Industries provisions governing the application, Ltd. processing, and disposition of petitions Section of 14 CFR Affected: 14 CFR for exemption part 11 of title 14, Code 25.857(e), 25.785(j), and 25.1447(c)(1). Description of Relief Sought: To allow of Federal Regulations (14 CFR), this carriage of eight non-crewmembers notice contains a summary of certain (commonly referred to as petitions seeking relief from specified requirements of 14 CFR. The purpose of supernumeraries) on the upper deck of VerDate jul<14>2003 18:08 Jun 07, 2005 Jkt 205001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 Boeing Model 747–400 Special Freighter (SF) airplanes, to allow use of portable oxygen bottles in lieu of self-presenting oxygen masks, and regulatory relief from certain hand hold requirements. [FR Doc. 05–11334 Filed 6–7–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [DOT Docket No. FMCSA–2005–21338] Hours of Service of Drivers; Xora, Inc. Application for an Exemption From the Design Requirements for Automatic On-Board Recording Devices (AOBRs) Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on Xora, Inc.’s (Xora) application for an exemption from the requirement that AOBRs for monitoring drivers’ hours of service be integrally synchronized with the specific operations of the vehicle on which it is installed. Xora, a software development company, working in conjunction with Nextel Communications, a wireless communications service provider, has developed an hours of service (HOS) OBR software application for use with Global Positioning System (GPS)— enabled wireless telephones and its computer system to document drivers’ hours of service. Xora’s system performs all of the functions required of AOBRs currently allowed by FMCSA’s regulations with the exception of the requirement for integral synchronization with specific operations of the commercial motor vehicle on which it is installed. Xora believes the use of their hours-of-service monitoring system by motor carriers would achieve a level of safety equivalent to what would be provided by AOBRs which are integrally synchronized with specific operations of the CMV. DATES: Comments must be received on or before July 8, 2005. ADDRESSES: You may submit comments identified by DOT DMS Docket Number FMCSA–2005–21338 by any of the following methods: • Web Site: http://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. • Fax: 1–202–493–2251. E:\FR\FM\08JNN1.SGM 08JNN1 Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Notices • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 0001. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions must include the agency name and docket number for this notice. Note that all comments received will be posted without change to http://dms.dot.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:// dms.dot.gov and/or Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy Act: Anyone may search the electronic form of all comments received into any of DOT’s dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, or other entity). You may review DOT’s complete Privacy Act Statement in the Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also available at http://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Robert Schultz, Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations, MC– PSD, (202) 366–4009, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590–0001. 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 FMCSA with authority to grant exemptions from its safety regulations. On August 20, 2004, FMCSA published a Final Rule (69 FR 51589) implementing section 4007 (63 FR 67600). Under the rule FMCSA must publish a notice of each exemption application in the Federal Register (49 CFR part 381). FMCSA must provide the public with an opportunity to inspect the information relevant to the VerDate jul<14>2003 18:08 Jun 07, 2005 Jkt 205001 application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. FMCSA must then examine the safety analyses and the public comments and determine whether the exemption would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with the current regulation (49 CFR 381.305). The Agency’s decision 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 being granted. The notice must also specify the effective period of the exemption (up to two years), and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Xora’s Application for an Exemption Xora requested an exemption from the requirement that AOBRs be integrally synchronized with specific operations of the vehicle on which they are installed. Section 395.15 of the Federal Motor Carrier Safety Regulations (49 CFR 395.15) allows the use of AOBRs, as defined in 395.2, instead of handwritten records of duty status required by 395.8. Section 395.2 defines AOBR as follows: Automatic on-board recording device means an electric, electronic, electromechanical, or mechanical device capable of recording driver’s duty status information accurately and automatically, as required by 49 CFR Part 395.15. The device must be integrally synchronized with specific operation of the commercial motor vehicle in which it is installed. At a minimum, the device must record engine use, road speeds, miles driven, the date and time of day. Xora requested the exemption to enable its motor carrier clients to use its HOS management system as an alternative to AOBRs that are integrally synchronized with specific vehicle operations. A copy of the exemption application is in the docket for this notice. Xora believes its Global Positioning System (GPS)—enabled, handheld HOS monitoring system provides several advantages when compared to handwritten records of duty status and AOBRs that are integrally synchronized with functions of the vehicle. The advantages are: (1) Low cost; PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 33579 (2) Real-time system for alerting drivers and managers about HOS limits and violations; (3) Complete driver HOS history stored and available for review and audit; (4) Enhanced HOS management reports; (5) Tamper resistance; (6) Ease of law enforcement review; (7) Familiar wireless telephone handset, ease of training; (8) Multi-purpose handset, voice, message, data, multi-media; (9) Safety (driver may communicate in and away from the vehicle); (10) Inexpensive mounting option; (11) Ease of transfer from one vehicle to another; (12) Ease of integration (allows for enhanced dispatch and logistics, including HOS availability); (13) All activity digitally stored, secured and time stamped; and (14) Ease of repair and replacement. Xora requested that motor carriers covered by the exemption be allowed to use a GPS-enabled wireless telephone which can record vehicle speed, detect small changes in motion and identify stop/start events. The system can change the driver’s duty status based upon GPS readings. Xora’s system calculates vehicle speed and distance traveled based upon GPS satellite data. Xora believes this approach would result in an accurate recording of HOS and monitoring of drivers’ duty status. The interval for signals between the GPS-enabled telephone and the satellite may be adjusted to once every minute to ensure accurate estimates of vehicle speed and distance traveled. The capability of the GPS-enabled wireless telephone would eliminate the necessity of having the unit tethered to the engine. Xora argues that denial of the exemption would cause the motor carrier industry to lose an opportunity to replace handwritten records of duty status with a low cost alternative. Without this special consideration, the Xora system and other GPS-enabled handset-based HOS monitoring systems will not be able to enter the market in the foreseeable future. Xora believes the time taken for a regulatory change would result in vendors losing enthusiasm for the potential market. The company estimates that the total number of drivers operating under the terms of the exemption would be ‘‘upwards of ten thousand after the first year.’’ In addition, many motor carriers currently make extensive use of wireless telephone service and technology for basic communications, scheduling, and logistics. These motor carrier operations E:\FR\FM\08JNN1.SGM 08JNN1 33580 Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Notices would have the ability to consolidate costs into one system that provides the features and benefits of wireless telephones and a paperless means of complying with the requirement to accurately document drivers’ hours of service. Xora believes its system offers enhanced safety because it allows for a much more accurate compilation of drivers’ on-duty time, driving time, driving distance and total hours, than handwritten records of duty status. The system is easily accessible for Federal and State roadside inspectors to review. The system maintains the required records in the GPS-enabled handset, and records are also maintained at the motor carrier’s principle place of business. The system also provides a warning for drivers as they approach the applicable HOS limits. Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on Xora’s application for exemption from 49 CFR 395.15. All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the address section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, the FMCSA will also continue to file in the public docket relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Issued on: May 27, 2005. Annette M. Sandberg, Administrator. [FR Doc. 05–11333 Filed 6–7–05; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) received a request for a waiver of compliance with certain requirements of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being VerDate jul<14>2003 18:08 Jun 07, 2005 Jkt 205001 requested, and the petitioner’s arguments in favor of relief. Illinois Railway Museum (Waiver Petition Docket Number FRA–2005– 21271) The Illinois Railway Museum (IRYM) seeks a waiver of compliance from the Steam Locomotive Inspection and Maintenance Standards (49 CFR 230.17(a)) for steam locomotive number IRYM 428, which requires ‘‘Before any steam locomotive is initially put in service or brought out of retirement, and after every 1472 service days or 15 years, whichever is earlier, an individual competent to conduct the inspection shall inspect the entire boiler. In the case of a new locomotive or a locomotive being brought out of retirement, the initial 15 year period shall begin on the day that the locomotive is placed in service or 365 calendar days after the first flue tube is installed in the locomotive, whichever comes first. This 1472 service day inspection shall include all annual, and 5th annual, inspection requirements, as well as any items required by the steam locomotive owner and/or operator or the FRA inspector. At this time, the locomotive owner and/or operator shall complete, update and verify the locomotive specification card (FRA Form No. 4), to reflect the condition of the boiler at the time of this inspection. See appendices A and B of this part.’’ IRYM request states that they installed the first tube in the subject locomotive boiler in October 1999, and since that time, the locomotive has been stored in a heated shop. The boiler has not been fired but was hydrostatically tested three times. If granted, the date the waiver is granted or the first day the locomotive is fired, whichever occurs first, would be the date the locomotive enters service and the 1472 service/15year inspection requirements begin. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number (FRA–2005– 21271) and must be submitted to the Docket Clerk, DOT Docket Management Facility, Room PL–401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590. Communications received within PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 45 days of the date of this notice will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.–5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility’s Web site at http://dms.dot.gov. 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 (volume 65, number 70; pages 19477–78). The Statement may also be found at http:// dms.dot.gov. Issued in Washington, DC, on June 2, 2005. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. 05–11414 Filed 6–7–05; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) received a request for a waiver of compliance with certain requirements of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner’s arguments in favour of relief. Union Pacific Railroad Company (Docket Number FRA–2005–21179) The Union Pacific Railroad Company (UP) seeks a waiver of compliance with the Locomotive Safety Standards, 49 CFR 229.49(a)(1), as it pertains to the requirement that main reservoirs be equipped with ‘‘a safety valve that shall prevent an accumulation of pressure of more than 15 pounds per square inch above the maximum working air pressure fixed by the chief mechanical officer of the carrier operating the locomotive’’ and the Brake System Safety Standards, 49 CFR 232.103(o)(2), as it pertains minimum differential E:\FR\FM\08JNN1.SGM 08JNN1

Agencies

[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Notices]
[Pages 33578-33580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11333]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[DOT Docket No. FMCSA-2005-21338]


Hours of Service of Drivers; Xora, Inc. Application for an 
Exemption From the Design Requirements for Automatic On-Board Recording 
Devices (AOBRs)

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 Xora, Inc.'s (Xora) application for an 
exemption from the requirement that AOBRs for monitoring drivers' hours 
of service be integrally synchronized with the specific operations of 
the vehicle on which it is installed. Xora, a software development 
company, working in conjunction with Nextel Communications, a wireless 
communications service provider, has developed an hours of service 
(HOS) OBR software application for use with Global Positioning System 
(GPS)--enabled wireless telephones and its computer system to document 
drivers' hours of service. Xora's system performs all of the functions 
required of AOBRs currently allowed by FMCSA's regulations with the 
exception of the requirement for integral synchronization with specific 
operations of the commercial motor vehicle on which it is installed. 
Xora believes the use of their hours-of-service monitoring system by 
motor carriers would achieve a level of safety equivalent to what would 
be provided by AOBRs which are integrally synchronized with specific 
operations of the CMV.

DATES: Comments must be received on or before July 8, 2005.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FMCSA-2005-21338 by any of the following methods:
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.

[[Page 33579]]

     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number for this notice. Note that all comments received will be 
posted without change to http://dms.dot.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://dms.dot.gov and/or Room PL-401 on the 
plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of DOT's dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, or other 
entity). You may review DOT's complete Privacy Act Statement in the 
Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also 
available at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Robert Schultz, Driver and Carrier 
Operations Division, Office of Bus and Truck Standards and Operations, 
MC-PSD, (202) 366-4009, Federal Motor Carrier Safety Administration, 
400 Seventh Street, SW., Washington, DC 20590-0001.

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 FMCSA with authority to grant exemptions from 
its safety regulations. On August 20, 2004, FMCSA published a Final 
Rule (69 FR 51589) implementing section 4007 (63 FR 67600). Under the 
rule FMCSA must publish a notice of each exemption application in the 
Federal Register (49 CFR part 381). FMCSA 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.
    FMCSA must then examine the safety analyses and the public comments 
and determine whether the exemption would achieve a level of safety 
equivalent to, or greater than, the level that would be achieved by 
complying with the current regulation (49 CFR 381.305). The Agency's 
decision 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 being 
granted. The notice must also specify the effective period of the 
exemption (up to two years), and explain the terms and conditions of 
the exemption. The exemption may be renewed (49 CFR 381.300(b)).

Xora's Application for an Exemption

    Xora requested an exemption from the requirement that AOBRs be 
integrally synchronized with specific operations of the vehicle on 
which they are installed. Section 395.15 of the Federal Motor Carrier 
Safety Regulations (49 CFR 395.15) allows the use of AOBRs, as defined 
in 395.2, instead of handwritten records of duty status required by 
395.8. Section 395.2 defines AOBR as follows:

    Automatic on-board recording device means an electric, 
electronic, electromechanical, or mechanical device capable of 
recording driver's duty status information accurately and 
automatically, as required by 49 CFR Part 395.15. The device must be 
integrally synchronized with specific operation of the commercial 
motor vehicle in which it is installed. At a minimum, the device 
must record engine use, road speeds, miles driven, the date and time 
of day.

    Xora requested the exemption to enable its motor carrier clients to 
use its HOS management system as an alternative to AOBRs that are 
integrally synchronized with specific vehicle operations. A copy of the 
exemption application is in the docket for this notice.
    Xora believes its Global Positioning System (GPS)--enabled, 
handheld HOS monitoring system provides several advantages when 
compared to handwritten records of duty status and AOBRs that are 
integrally synchronized with functions of the vehicle. The advantages 
are:
    (1) Low cost;
    (2) Real-time system for alerting drivers and managers about HOS 
limits and violations;
    (3) Complete driver HOS history stored and available for review and 
audit;
    (4) Enhanced HOS management reports;
    (5) Tamper resistance;
    (6) Ease of law enforcement review;
    (7) Familiar wireless telephone handset, ease of training;
    (8) Multi-purpose handset, voice, message, data, multi-media;
    (9) Safety (driver may communicate in and away from the vehicle);
    (10) Inexpensive mounting option;
    (11) Ease of transfer from one vehicle to another;
    (12) Ease of integration (allows for enhanced dispatch and 
logistics, including HOS availability);
    (13) All activity digitally stored, secured and time stamped; and
    (14) Ease of repair and replacement.
    Xora requested that motor carriers covered by the exemption be 
allowed to use a GPS-enabled wireless telephone which can record 
vehicle speed, detect small changes in motion and identify stop/start 
events. The system can change the driver's duty status based upon GPS 
readings. Xora's system calculates vehicle speed and distance traveled 
based upon GPS satellite data. Xora believes this approach would result 
in an accurate recording of HOS and monitoring of drivers' duty status. 
The interval for signals between the GPS-enabled telephone and the 
satellite may be adjusted to once every minute to ensure accurate 
estimates of vehicle speed and distance traveled. The capability of the 
GPS-enabled wireless telephone would eliminate the necessity of having 
the unit tethered to the engine.
    Xora argues that denial of the exemption would cause the motor 
carrier industry to lose an opportunity to replace handwritten records 
of duty status with a low cost alternative. Without this special 
consideration, the Xora system and other GPS-enabled handset-based HOS 
monitoring systems will not be able to enter the market in the 
foreseeable future. Xora believes the time taken for a regulatory 
change would result in vendors losing enthusiasm for the potential 
market. The company estimates that the total number of drivers 
operating under the terms of the exemption would be ``upwards of ten 
thousand after the first year.'' In addition, many motor carriers 
currently make extensive use of wireless telephone service and 
technology for basic communications, scheduling, and logistics. These 
motor carrier operations

[[Page 33580]]

would have the ability to consolidate costs into one system that 
provides the features and benefits of wireless telephones and a 
paperless means of complying with the requirement to accurately 
document drivers' hours of service.
    Xora believes its system offers enhanced safety because it allows 
for a much more accurate compilation of drivers' on-duty time, driving 
time, driving distance and total hours, than handwritten records of 
duty status. The system is easily accessible for Federal and State 
roadside inspectors to review. The system maintains the required 
records in the GPS-enabled handset, and records are also maintained at 
the motor carrier's principle place of business. The system also 
provides a warning for drivers as they approach the applicable HOS 
limits.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on Xora's application for 
exemption from 49 CFR 395.15. All comments received before the close of 
business on the comment closing date indicated at the beginning of this 
notice will be considered and will be available for examination in the 
docket at the location listed under the address section of this notice. 
Comments received after the comment closing date will be filed in the 
public docket and will be considered to the extent practicable. In 
addition to late comments, the FMCSA will also continue to file in the 
public docket relevant information that becomes available after the 
comment closing date. Interested persons should continue to examine the 
public docket for new material.

    Issued on: May 27, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05-11333 Filed 6-7-05; 8:45 am]
BILLING CODE 4910-22-P