Requested Administrative Waiver of the Coastwise Trade Laws, 18142-18143 [E6-5143]

Download as PDF 18142 Federal Register / Vol. 71, No. 68 / Monday, April 10, 2006 / Notices regulations. On August 20, 2004, FMCSA published a final rule (69 FR 51589) on section 4007. Under the regulations, FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). FMCSA must provide the public with an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted, and it must provide an opportunity for public comment on the request. FMCSA reviews the safety analyses and the public comments and determines whether granting the exemption would achieve a level of safety equivalent to or greater than the level that would be achieved by the current regulation (49 CFR 381.305). FMCSA’s decision must be published in the Federal Register (49 CFR 381.315(b)). If FMCSA denies the request, it must state the reason for doing so. If FMCSA 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)). wwhite on PROD1PC65 with NOTICES Request for Exemption IME seeks by exemption to modify the HOS standard for determining whether a driver operating a property-carrying CMV in interstate commerce is on duty. The HOS rules require, among other provisions, a minimum of 10 hours of rest before the driver of a propertycarrying CMV can begin a new duty period. A driver may obtain this rest in four ways: (1) By going off duty and remaining off duty for a single uninterrupted period of 10 or more hours, (2) by obtaining 10 or more consecutive hours of sleeper-berth time, (3) by obtaining a combination of consecutive periods of off-duty and sleeper-berth time totaling 10 or more hours, or (4) by obtaining the equivalent of at least 10 consecutive hours off duty. The equivalent can only be obtained by a combination of two separate periods of rest: (1) A period of at least 8 but less than 10 consecutive hours in a sleeper berth and (2) a separate period of at least 2 but less than 10 consecutive hours in a sleeper berth or off duty or a combination of sleeper-berth and offduty time. These rules for the drivers of property-carrying CMVs (and their motor carrier employers) are prescribed by 49 CFR 395.1(g)(1). VerDate Aug<31>2005 18:48 Apr 07, 2006 Jkt 208001 Each of these four methods for obtaining sufficient rest to begin a new duty period is premised in whole or in part upon periods of rest (whether in the sleeper berth or off duty or a combination of the two) that are uninterrupted by on-duty time. The hours within a qualifying period cannot be interrupted by a period of time on duty or driving. The hours in the period must be consecutive in order to comply with the rule. If broken for a period of time, the calculation of consecutive hours ends at that point in time. If offduty or sleeper-berth status is resumed, the calculation of a new period of rest begins at that point. IME is applying for this exemption on behalf of drivers who are engaged in team operations, who are using the sleeper-berth provisions of 49 CFR 395.1(g)(1), and who are transporting hazardous materials requiring constant attendance in accordance with 49 CFR 397.5. The usual mode of operation of the team is that the drivers alternate between driving and resting in the sleeper berth of the tractor. Occasionally, circumstances may require the resting driver to perform onduty tasks for a short period of time. Among these interruptions are roadside vehicle inspections, security checks, and attendance to the CMV while the on-duty driver leaves the immediate area. Specifically, IME seeks ‘‘* * * exemption from 49 CFR 395.1(g) to allow the off-duty team driver to provide attendance or to participate in security checks or safety inspections for brief periods of 30 minutes or less without triggering a change of duty status and the loss of accumulated sleeper berth time.’’ (IME’s Application for Exemption, dated November 8, 2005, page 3, paragraph 2). A copy of IME’s application for exemption is available for review in the docket for this notice. Request for Comments In accordance with 49 U.S.C. 31315(b) and 31136(e), FMCSA requests public comment on IME’s application for exemption from 49 CFR 395.1(g). FMCSA will consider all comments received by close of business on May 10, 2006. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. FMCSA 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 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 the comment closing date. Interested persons should monitor the public docket for new material. Issued on: April 3, 2006. Warren E. Hoemann, Deputy Administrator. [FR Doc. E6–5140 Filed 4–7–06; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket Number 2006 24375] Requested Administrative Waiver of the Coastwise Trade Laws Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel ASHLEY. AGENCY: SUMMARY: As authorized by Pub. L. 105– 383 and Pub. L. 107–295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket 2006–24375 at http://dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Pub. L. 105–383 and MARAD’s regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR part 388. DATES: Submit comments on or before May 10, 2006. ADDRESSES: Comments should refer to docket number MARAD 2006 24375. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. DOT Dockets, Room PL–401, Department of Transportation, 400 7th St., SW., Washington, DC 20590–0001. E:\FR\FM\10APN1.SGM 10APN1 Federal Register / Vol. 71, No. 68 / Monday, April 10, 2006 / Notices You may also send comments electronically via the Internet at http:// dmses.dot.gov/submit/. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except Federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of Transportation, Maritime Administration, MAR–830 Room 7201, 400 Seventh Street, SW., Washington, DC 20590. Telephone 202–366–5979. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel ASHLEY is: Intended Use: ‘‘Charter Boat.’’ Geographic Region: Within 75 miles of New England and New York coastline. Dated: April 3, 2006. By order of the Maritime Administrator. Joel C. Richard, Secretary, Maritime Administration. [FR Doc. E6–5143 Filed 4–7–06; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket Number 2006 24373] Requested Administrative Waiver of the Coastwise Trade Laws Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel BEAUDACIOUS. wwhite on PROD1PC65 with NOTICES AGENCY: SUMMARY: As authorized by Pub. L. 105– 383 and Pub. L. 107–295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket 2006–24373 at http://dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Pub. L. 105–383 and MARAD’s regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that VerDate Aug<31>2005 18:48 Apr 07, 2006 Jkt 208001 the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter’s interest in the waiver application, and address the waiver criteria given in § 388.4 of MARAD’s regulations at 46 CFR part 388. 18143 DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket Number 2006 24372] Requested Administrative Waiver of the Coastwise Trade Laws Maritime Administration, Department of Transportation. ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws for the vessel REEL FUN. AGENCY: Submit comments on or before May 10, 2006. DATES: SUMMARY: As authorized by Pub. L. 105– 383 and Pub. L. 107–295, the Secretary of Transportation, as represented by the ADDRESSES: Comments should refer to Maritime Administration (MARAD), is docket number MARAD 2006 24373. Written comments may be submitted by authorized to grant waivers of the U.S.build requirement of the coastwise laws hand or by mail to the Docket Clerk, under certain circumstances. A request U.S. DOT Dockets, Room PL–401, for such a waiver has been received by Department of Transportation, 400 7th MARAD. The vessel, and a brief St., SW., Washington, DC 20590–0001. description of the proposed service, is You may also send comments listed below. The complete application electronically via the Internet at http:// is given in DOT docket 2006–24372 at dmses.dot.gov/submit. All comments http://dms.dot.gov. Interested parties will become part of this docket and will may comment on the effect this action be available for inspection and copying may have on U.S. vessel builders or at the above address between 10 a.m. businesses in the U.S. that use U.S.-flag and 5 p.m., E.T., Monday through vessels. If MARAD determines, in Friday, except Federal holidays. An accordance with Pub. L. 105–383 and electronic version of this document and MARAD’s regulations at 46 CFR part all documents entered into this docket 388 (68 FR 23084; April 30, 2003), that is available on the World Wide Web at the issuance of the waiver will have an http://dms.dot.gov. unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag FOR FURTHER INFORMATION CONTACT: vessels in that business, a waiver will Joann Spittle, U.S. Department of not be granted. Comments should refer Transportation, Maritime to the docket number of this notice and Administration, MAR–830 Room 7201, the vessel name in order for MARAD to 400 Seventh Street, SW., Washington, properly consider the comments. DC 20590. Telephone 202–366–5979. Comments should also state the commenter’s interest in the waiver SUPPLEMENTARY INFORMATION: As described by the applicant the intended application, and address the waiver service of the vessel BEAUDACIOUS is: criteria given in § 388.4 of MARAD’s regulations at 46 CFR part 388. Intended Use: ‘‘I intend to carry DATES: Submit comments on or before passengers only and occasionally do a May 10, 2006. little sportfishing that won’t be sold ADDRESSES: Comments should refer to commercially. Mostly intend to take docket number MARAD 2006 24372. people out for sailing excursions.’’ Written comments may be submitted by Geographic Region: Inland and coastal hand or by mail to the Docket Clerk, waters in the following states: Alaska, U.S. DOT Dockets, Room PL–401, Washington, Oregon, California, Hawaii, Department of Transportation, 400 7th Texas, Louisiana, Mississippi, Florida, St., SW., Washington, DC 20590–0001. Georgia, South Carolina, North Carolina, You may also send comments Virginia, Maryland, Washington, DC, electronically via the Internet at http:// Delaware, New Jersey, New York, dmses.dot.gov/submit/. All comments Connecticut, Rhode Island, will become part of this docket and will Massachusetts, and Maine. be available for inspection and copying at the above address between 10 a.m. Dated: April 3, 2006. and 5 p.m., E.T., Monday through By order of the Maritime Administrator. Friday, except Federal holidays. An Joel C. Richard, electronic version of this document and Secretary, Maritime Administration. all documents entered into this docket [FR Doc. E6–5144 Filed 4–7–06; 8:45 am] is available on the World Wide Web at http://dms.dot.gov. BILLING CODE 4910–81–P PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\10APN1.SGM 10APN1

Agencies

[Federal Register Volume 71, Number 68 (Monday, April 10, 2006)]
[Notices]
[Pages 18142-18143]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5143]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number 2006 24375]


Requested Administrative Waiver of the Coastwise Trade Laws

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Invitation for public comments on a requested administrative 
waiver of the Coastwise Trade Laws for the vessel ASHLEY.

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SUMMARY: As authorized by Pub. L. 105-383 and Pub. L. 107-295, the 
Secretary of Transportation, as represented by the Maritime 
Administration (MARAD), is authorized to grant waivers of the U.S.-
build requirement of the coastwise laws under certain circumstances. A 
request for such a waiver has been received by MARAD. The vessel, and a 
brief description of the proposed service, is listed below. The 
complete application is given in DOT docket 2006-24375 at http://
dms.dot.gov. Interested parties may comment on the effect this action 
may have on U.S. vessel builders or businesses in the U.S. that use 
U.S.-flag vessels.
    If MARAD determines, in accordance with Pub. L. 105-383 and MARAD's 
regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the 
issuance of the waiver will have an unduly adverse effect on a U.S.-
vessel builder or a business that uses U.S.-flag vessels in that 
business, a waiver will not be granted. Comments should refer to the 
docket number of this notice and the vessel name in order for MARAD to 
properly consider the comments. Comments should also state the 
commenter's interest in the waiver application, and address the waiver 
criteria given in Sec.  388.4 of MARAD's regulations at 46 CFR part 
388.

DATES: Submit comments on or before May 10, 2006.

ADDRESSES: Comments should refer to docket number MARAD 2006 24375. 
Written comments may be submitted by hand or by mail to the Docket 
Clerk, U.S. DOT Dockets, Room PL-401, Department of Transportation, 400 
7th St., SW., Washington, DC 20590-0001.

[[Page 18143]]

You may also send comments electronically via the Internet at http://
dmses.dot.gov/submit/. All comments will become part of this docket and 
will be available for inspection and copying at the above address 
between 10 a.m. and 5 p.m., E.T., Monday through Friday, except Federal 
holidays. An electronic version of this document and all documents 
entered into this docket is available on the World Wide Web at http://
dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of 
Transportation, Maritime Administration, MAR-830 Room 7201, 400 Seventh 
Street, SW., Washington, DC 20590. Telephone 202-366-5979.

SUPPLEMENTARY INFORMATION: As described by the applicant the intended 
service of the vessel ASHLEY is:
    Intended Use: ``Charter Boat.''
    Geographic Region: Within 75 miles of New England and New York 
coastline.

    Dated: April 3, 2006.

    By order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. E6-5143 Filed 4-7-06; 8:45 am]
BILLING CODE 4910-81-P