Hours of Service of Drivers: United States Postal Service Application for Exemption, 69625-69626 [05-22648]

Download as PDF Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices wish to report suspected ‘‘unapproved’’ parts to the FAA for review. The information will be used to determine if an ‘‘unapproved’’ part investigation is warranted. DATES: Please submit comments by January 17, 2006. FOR FURTHER INFORMATION CONTACT: Judy Street on (202) 267–9895, or by e-mail at: Judy.Street@faa.gov. SUPPLEMENTARY INFORMATION: Federal Aviation Administration (FAA) Title: Suspected Unapproved Parts Notification. Type of Request: Renewal of an approved collection. OMB Control Number: 2120–0552. Form(s): FAA Form 8120–11. Affected Public: A total of 400 respondents. Frequency: The information is conducted on an as-needed basis. Estimated Average Burden Per Response: Approximately 9 minutes per response. Estimated Annual Burden Hours: An estimated 60 hours annually. Abstract: The information collected on the FAA Form 8120–11 will; be reported voluntarily by manufacturers, repair stations, aircraft owner/operators, air carriers, and the general public who wish to report suspected ‘‘unapproved’’ parts to the FAA for review. The information will be used to determine if an ‘‘unapproved’’ part investigation is warranted. ADDRESSES: Send comments to the FAA at the following address: Ms. Judy Street, Room 612, Federal Aviation Administration, Standards and Information Division, ABA–20, 800 Independence Ave., SW., Washington, DC 20591. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimates of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Issued in Washington, DC, on November 8, 2005. Judith D. Street, FAA Information Collection Clearance Office, Information Systems and Technology Services Staff, ABA–20. [FR Doc. 05–22650 Filed 11–15–05; 8:45 am] BILLING CODE 4910–13–M VerDate Aug<31>2005 13:56 Nov 15, 2005 DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Federal Motor Carrier Safety Administration Notice of Availability of an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) Executed by the Federal Aviation Administration (FAA) for the Evaluation of Environmental Impacts Associated With a Proposed Corporate Hangar Construction at Cincinnati Municipal Airport-Lunken Field, Located in Cincinnati, OH Federal Aviation Administration, Department of Transportation. ACTION: Notice of availability of an EA and FONSI executed by the FAA for the evaluation of environmental impacts associated with a proposed corporate hangar construction at Cincinnati Municipal Airport-Lunken Field, located in Cincinnati, Ohio. AGENCY: SUMMARY: The FAA is making available an EA and FONSI for the evaluation of environmental impacts associated with a proposed corporate hangar construction at Cincinnati Municipal Airport-Lunken Field, located in Cincinnati, Ohio. Point of Contact: Mr. Brad Davidson, Environmental Protection Specialist, FAA Great Lakes Region, Detroit Airports District Office, 11677 South Wayne Road, Suite 107, Romulus, MI 48174, (734) 229–2900. SUPPLEMENTARY INFORMATION: The FAA is making available an EA and FONSI for the evaluation of environmental impacts associated with a proposed corporate hangar construction at Cincinnati Municipal Airport-Lunken Field, located in Cincinnati, Ohio. The purpose of the EA and FONSI was to evaluate potential environmental impacts arising from the proposed airport improvement project involving the construction of a corporate hangar on airport owned land. These documents will be available during normal business hours at the following location: FAA Detroit Airports District Office, 11677 South Wayne Road, Suite 107, Romulus, MI 48174. Due to current security requirements, arrangements must be made with the point of contact prior to visiting this office. Issued in Romulus, Michigan, October 26, 2005. Irene R. Porter, Manager, Detroit Airport District Office, FAA, Great Lakes Region. [FR Doc. 05–22652 Filed 11–15–05; 8:45 am] BILLING CODE 4910–13–M Jkt 208001 69625 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 [Docket No. FMCSA–2005–22660] Hours of Service of Drivers: United States Postal Service Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: SUMMARY: FMCSA announces that it has received an application for exemption from the hours-of-service (HOS) requirements from the United States Postal Service (USPS) on behalf of motor carriers that transport mail under contract for USPS. USPS requests that some of its contract motor carriers be allowed to operate under the HOS rules in effect prior to January 4, 2004. USPS believes the exemption would likely achieve a level of safety equivalent to, or greater than, the level achieved under the HOS rules applicable to operators of property-carrying vehicles rules after January 4, 2004. FMCSA requests public comment on the USPS application for exemption. DATES: Comments must be received on or before December 16, 2005. ADDRESSES: You may submit comments identified by DOT DMS Docket Number FMCSA–2005–22660 using any of the following methods: • Web site: http://dmses.dot.gov/ submit/. 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– 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 E:\FR\FM\16NON1.SGM 16NON1 69626 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices comments received, go to http:// dms.dot.gov at any time 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. The DMS is available 24 hours each day, 365 days each year. If you want us to notify you that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. 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 published on April 11, 2000 (65 FR 19477, Apr. 11, 2000). This statement is also available at http:// dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations, MC– PSD, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590–0001. Telephone: 202–366–4009. E-mail: MCPSD@fmcsa.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. On December 8, 1998, the Federal Highway Administration’s Office of Motor Carriers, the predecessor to FMCSA, published an interim final rule implementing sec. 4007 (63 FR 67600). On August 20, 2004, FMCSA published a final rule (69 FR 51589) on this subject. Under this rule, 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 any safety analyses that have been conducted. The agency must also provide an opportunity for public comment on the request. 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 VerDate Aug<31>2005 13:56 Nov 15, 2005 Jkt 208001 current regulation (49 CFR 381.305). The decision of the agency 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 agency grants the exemption, the notice must specify the person or class of persons receiving the exemption, and the regulatory provision or provisions from which exemption is being 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 The Federal HOS rules are generally applicable to motor carriers and drivers operating commercial motor vehicles, as defined in 49 CFR 390.5, in interstate commerce. However, transportation performed by Federal, State or local government is exempt from requirements under 49 CFR parts 390 through 399, including all HOS requirements under 49 CFR part 395 [§ 390.3(f)(2)]. Since USPS is an independent agency of the executive branch of the United States government, transportation performed by USPS qualifies for the § 390.3(f)(2) exemption. Nonetheless, any motor carrier under contract with the USPS to transport its mail interstate—but which retains full responsibility for its CMVs, such that the transportation is not considered as performed by the USPS—remains subject to 49 CFR parts 300–399, including the HOS rules. The USPS contracts with motor carriers to perform interstate delivery of U.S. mail under such conditions, and has requested exemption from FMCSA’s current HOS rules, allowing some of these motor carriers and drivers to operate under those HOS rules in effect prior to January 4, 2004. USPS requests the exemption apply to an unspecified number of motor carriers operating under approximately 5,100 separate contracts. USPS did not specify the number of drivers of propertycarrying vehicles to be allowed to operate under the HOS requirements in effect prior to January 4, 2004. The HOS limits requested under the exemption for such drivers would be the same as current HOS limits for drivers of passenger-carrying vehicles. USPS states the motor carriers under contract conduct short-haul operations with an average delivery route of 61miles roundtrip. USPS describes the drivers’ schedules as ‘‘split shift,’’ but does not provide any details about the typical work schedule for drivers working on the contracted routes. Under PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 the terms of the USPS contract, drivers are required to arrive and depart from postal facilities on schedule since deviation from the schedule would result in congestion at USPS trailer yards. USPS believes the exemption would achieve a level of safety equivalent to, or greater than, the level of safety obtained under the current 14-hour rule (which prohibits operators of propertycarrying vehicles from driving after the 14th hour of coming on duty) because these drivers would be able to return home at the end of each work day rather than having to stay away from home overnight. A copy of the USPS exemption application is available for review in the docket for this notice. Request for Comments In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA requests public comment on USPS’s application for exemption from the 49 CFR part 395 HOS requirements. The agency will consider all comments received by close of business on December 16, 2005. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The agency will file comments received after the comment closing date in the public docket, and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should monitor the public docket for new material. Issued on: November 8, 2005. Annette M. Sandberg, Administrator. [FR Doc. 05–22648 Filed 11–15–05; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–33 (Sub-No. 226X); STB Docket No. AB–654X] Union Pacific Railroad Company— Abandonment Exemption—in Cameron County, TX; Brownsville & Rio Grande International Railroad Company— Discontinuance of Service Exemption—in Cameron County, TX The Union Pacific Railroad Company (UP) and Brownsville & Rio Grande International Railroad Company (B&RG) have jointly filed a notice of exemption under 49 CFR part 1152 subpart F— Exempt Abandonments and E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Notices]
[Pages 69625-69626]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22648]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-22660]


Hours of Service of Drivers: United States Postal Service 
Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA announces that it has received an application for 
exemption from the hours-of-service (HOS) requirements from the United 
States Postal Service (USPS) on behalf of motor carriers that transport 
mail under contract for USPS. USPS requests that some of its contract 
motor carriers be allowed to operate under the HOS rules in effect 
prior to January 4, 2004. USPS believes the exemption would likely 
achieve a level of safety equivalent to, or greater than, the level 
achieved under the HOS rules applicable to operators of property-
carrying vehicles rules after January 4, 2004. FMCSA requests public 
comment on the USPS application for exemption.

DATES: Comments must be received on or before December 16, 2005.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FMCSA-2005-22660 using any of the following methods:
     Web site: http://dmses.dot.gov/submit/. 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 20590-0001.
     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

[[Page 69626]]

comments received, go to http://dms.dot.gov at any time 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. The DMS is available 24 hours each day, 365 
days each year. If you want us to notify you that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    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 published on April 11, 2000 (65 FR 19477, Apr. 11, 
2000). This statement is also available at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and 
Operations, MC-PSD, Federal Motor Carrier Safety Administration, 400 
Seventh Street, SW., Washington, DC 20590-0001. Telephone: 202-366-
4009. E-mail: MCPSD@fmcsa.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. On December 8, 1998, the Federal Highway 
Administration's Office of Motor Carriers, the predecessor to FMCSA, 
published an interim final rule implementing sec. 4007 (63 FR 67600). 
On August 20, 2004, FMCSA published a final rule (69 FR 51589) on this 
subject. Under this rule, 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 any safety analyses that have been 
conducted. The agency must also provide an opportunity for public 
comment on the request.
    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)). If the agency denies the request, it must state the reason 
for doing so. If the agency grants the exemption, the notice must 
specify the person or class of persons receiving the exemption, and the 
regulatory provision or provisions from which exemption is being 
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

    The Federal HOS rules are generally applicable to motor carriers 
and drivers operating commercial motor vehicles, as defined in 49 CFR 
390.5, in interstate commerce. However, transportation performed by 
Federal, State or local government is exempt from requirements under 49 
CFR parts 390 through 399, including all HOS requirements under 49 CFR 
part 395 [Sec.  390.3(f)(2)]. Since USPS is an independent agency of 
the executive branch of the United States government, transportation 
performed by USPS qualifies for the Sec.  390.3(f)(2) exemption. 
Nonetheless, any motor carrier under contract with the USPS to 
transport its mail interstate--but which retains full responsibility 
for its CMVs, such that the transportation is not considered as 
performed by the USPS--remains subject to 49 CFR parts 300-399, 
including the HOS rules. The USPS contracts with motor carriers to 
perform interstate delivery of U.S. mail under such conditions, and has 
requested exemption from FMCSA's current HOS rules, allowing some of 
these motor carriers and drivers to operate under those HOS rules in 
effect prior to January 4, 2004.
    USPS requests the exemption apply to an unspecified number of motor 
carriers operating under approximately 5,100 separate contracts. USPS 
did not specify the number of drivers of property-carrying vehicles to 
be allowed to operate under the HOS requirements in effect prior to 
January 4, 2004. The HOS limits requested under the exemption for such 
drivers would be the same as current HOS limits for drivers of 
passenger-carrying vehicles.
    USPS states the motor carriers under contract conduct short-haul 
operations with an average delivery route of 61-miles roundtrip. USPS 
describes the drivers' schedules as ``split shift,'' but does not 
provide any details about the typical work schedule for drivers working 
on the contracted routes. Under the terms of the USPS contract, drivers 
are required to arrive and depart from postal facilities on schedule 
since deviation from the schedule would result in congestion at USPS 
trailer yards.
    USPS believes the exemption would achieve a level of safety 
equivalent to, or greater than, the level of safety obtained under the 
current 14-hour rule (which prohibits operators of property-carrying 
vehicles from driving after the 14th hour of coming on duty) because 
these drivers would be able to return home at the end of each work day 
rather than having to stay away from home overnight.
    A copy of the USPS exemption application is available for review in 
the docket for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on USPS's application for exemption from the 49 
CFR part 395 HOS requirements. The agency will consider all comments 
received by close of business on December 16, 2005. Comments will be 
available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. The agency will file comments 
received after the comment closing date in the public docket, and will 
consider them to the extent practicable. In addition to late comments, 
FMCSA will also continue to file, in the public docket, relevant 
information that becomes available after the comment closing date. 
Interested persons should monitor the public docket for new material.

    Issued on: November 8, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05-22648 Filed 11-15-05; 8:45 am]
BILLING CODE 4910-EX-P