Minimum Age for Operating a Commercial Motor Vehicle (CMV) in Interstate Commerce: Jcrane, Inc. (Jcrane), Application for Exemption, 54098-54099 [E7-18628]

Download as PDF mstockstill on PROD1PC66 with NOTICES 54098 Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Notices administration of the program as envisioned by the Congress. Title: Motor Carrier Safety Assistance Program. OMB Control Number: 2126–0010. Type of Request: Revision of a currently-approved information collection. Respondents: State MCSAP lead agencies and local agencies. Estimated Number of Respondents: 52 [50 States + Puerto Rico + District of Columbia = 52]. Estimated Time per Response: 80 hours per grant application preparation; 8 hours per quarterly report preparation; and 1 minute per inspection and data upload. Expiration Date: November 30, 2007. Frequency of Response: 1 grant application annually; 4 quarterly reports annually; and approximately 3 million total inspection and data uploads annually. Estimated Total Annual Burden: 12,280 hours. The methods used to calculate the hours necessary to prepare grant applications, upload data, and prepare quarterly reports are based on interviews with the State and Federal personnel charged with those responsibilities. The information required to prepare the applications for grants and the subsequent reports is based on general information ordinarily maintained by the States in the general course of business, and only simple computations are required to determine burden hours. The grant applications and reports are submitted by the 50 States, four Territories, Puerto Rico, and the District of Columbia. Each entity submits one grant request and four quarterly reports per year. In addition, about three million total inspection reports are uploaded each year. This figure reflects only 20 percent of the total estimated annual hours to perform the activities because MCSAP reimburses 80 percent of the eligible costs incurred in the administration of an approved plan as set forth in 49 CFR 350.303, 350.309 and 350.311. Labor hours are estimated and an average hourly rate for professional personnel is applied. The four territories of American Samoa, Guam, U.S. Virgin Islands and the Commonwealth of the Northern Mariana Islands are funded at 100 percent; therefore they are not included in the computation of the annual burden. 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 FMCSA’s performance; (2) the accuracy of the estimated VerDate Aug<31>2005 18:17 Sep 20, 2007 Jkt 211001 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: September 14, 2007. Terry Shelton, Associate Administrator for Research and Information Technology. [FR Doc. E7–18637 Filed 9–20–07; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2007–29254] Minimum Age for Operating a Commercial Motor Vehicle (CMV) in Interstate Commerce: Jcrane, Inc. (Jcrane), Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: SUMMARY: The FMCSA announces that it has received from Jcrane, Inc. (Jcrane) an application for an exemption from provisions of the Federal Motor Carrier Safety Regulations that require an individual who operates a commercial motor vehicle (CMV) of 10,001 or more pounds Gross Vehicle Weight Rating (GVWR) in interstate commerce to be a minimum of 21 years of age. The exemption would allow Jcrane’s employees who are not yet 21 years of age to legally operate a CMV in interstate commerce. Jcrane states that the granting of the exemption would allow the company to better train crane operators and therefore increase overall safety. The FMCSA requests public comment on Jcrane’s application for exemption. Comments must be received on or October 22, 2007. ADDRESSES: You may submit comments identified by DOT DMS Docket Number FMCSA–2007–29254 using any of the following methods: If filing comments by September 27, 2007, please use: • Web site: https://dms.dot.gov. Follow the instructions for submitting comments on the Department of Transportation Docket Management System electronic docket site. No electronic submissions will be accepted DATES: PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 between September 28, 2007, and October 1, 2007. If filing comments on or after October 1, 2007, use: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. Alternatively, you can file comments using the following methods: • Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • Fax: 202–493–2251. Docket: For access to the docket to read background documents or comments received, go to https:// dms.dot.gov until September 27, 2007, or the street address listed above. The DOT docket may be offline at times between September 28 through September 30 to migrate to the Federal Docket Management System (FDMS). On October 1, 2007, the internet access to the docket will be at https:// www.regulations.gov. Follow the online instructions for accessing the dockets. Privacy Act: Note that all comments received will be posted without change to https://www.dms.dot.gov or https:// www.regulations.gov, including any personal information provided. 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). FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations: 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. Under its regulations, FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR E:\FR\FM\21SEN1.SGM 21SEN1 Federal Register / Vol. 72, No. 183 / Friday, September 21, 2007 / Notices 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including the conducting of any safety analyses. 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)) 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)). mstockstill on PROD1PC66 with NOTICES Application for Exemption Jcrane is a crane rental service located in southwest Ohio. It currently has nine full-time employees with commercial driver’s licenses (CDLs), and operates three tractor-trailers and five mobile cranes. The tractor-trailers are support vehicles for the cranes and are driven by apprentices or individuals who are in the process of learning to operate cranes. These apprentice drivers are normally in the 18–23 year age range. According to Jcrane, this is the ideal age range to begin operator training. As a crane-support truck driver, these individuals haul counterbalance weights for the crane on a flatbed trailer. The drivers will follow a crane from the home base to a different jobsite every day, set the crane up, wait for the crane to make the lift, tear the crane down, and follow it back to the shop. These drivers never travel alone, are home every night, and do not haul goods owned by other people. Jcrane’s operating area is generally within a 200mile radius of their home base in Covington, Ohio. Due to their location, they never service the northeast corner of Ohio, but do a lot of work in eastern Indiana. Under Ohio law, their 18–20 year old apprentices may legally drive a truck from Covington, Ohio to Cleveland, Ohio—which is 5 hours northeast of their home terminal; however, they may not drive to Richmond, Indiana, which is approximately 1-hour west, due to FMCSA’s prohibition against drivers under the age of 21 operating in VerDate Aug<31>2005 18:17 Sep 20, 2007 Jkt 211001 interstate commerce in 49 CFR 391.11(b)(1). Jcrane requests an exemption for their employees under the age of 21 to be able to legally operate their equipment and tractor-trailers across state borders, however not outside of a 200-mile radius from their home terminal in Covington, Ohio. Jcrane states that, because they are located more than 200 miles from the eastern Ohio border, this exemption would not change the maximum distance that these drivers can travel and therefore would have no effect on safety. This exemption would, however, according to Jcrane, allow it to better train crane operators and therefore increase overall safety. Jcrane requests that the exemption from § 391.11(b)(1) be in effect for a period of two years from the date of issue. A copy of Jcrane Inc.’s exemption application is in the docket identified for this notice. Request for Comments In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA requests public comment on Jcrane Inc.’s application an exemption from 49 CFR 391.11(b)(1). The Agency will consider all comments received by close of business on October 22, 2007. 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. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E7–18628 Filed 9–20–07; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Intent To Prepare a Revised Environmental Impact Statement for the Silicon Valley Rapid Transit Project in Milpitas, San Jose, and Santa Clara, CA Federal Transit Administration, U.S. Department of Transportation. ACTION: Notice of Intent to prepare an Environmental Impact Statement. AGENCY: SUMMARY: The Federal Transit Administration (FTA) and the Santa Clara Valley Transportation Authority (VTA) will prepare a Revised Environmental Impact Statement (EIS) for the proposed Silicon Valley Rapid PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 54099 Transit Project (SVRT Project), a 16.1mile extension of the San Francisco Bay Area Rapid Transit District (BART) system from the planned BART Warm Springs Station in Fremont through Milpitas and San Jose to Santa Clara, California. The Revised EIS will be prepared in accordance with regulations implementing the National Environmental Policy Act (NEPA), as well as the provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. The purpose of this Notice of Intent (NOI) is to inform interested parties of the plan to prepare a Revised EIS, to invite agency and public participation in the EIS process, and to announce public scoping meetings. DATES: Written comments on the scope of the Revised EIS, including the Project’s purpose and need statement, Project alternatives, environmental and community impacts to be evaluated, and evaluation methodologies should be sent to Tom Fitzwater, Environmental Resources Planning Manager, by October 29, 2007. Public scoping meetings will be held on October 9, 11, and 18, 2007 from 6:30 p.m. to 8:30 p.m. at the locations indicated under ADDRESSES below. ADDRESSES: Written comments may be submitted by postal mail, e-mail, or fax, to: Tom Fitzwater, Environmental Resources Planning Manager, Santa Clara Valley Transportation Authority, Environmental Programs and Resources Management, 3331 North First Street, Building B–2, San Jose, CA 95134–1927. E-mail: SVRT.NEPA.EIS.Comments@vta.org. Fax: (408) 321–5787. Project Web site: https://www.vtabart-vta.org. Comments may also be submitted at the public scoping meetings. The dates and locations of the public scoping meetings are: October 9, 2007, Milpitas City Hall, Committee Meeting Room, 455 East Calaveras Boulevard, Milpitas, CA 95035. October 11, 2007, San Jose City Hall, Wing 118–120, 200 East Santa Clara Street, San Jose, CA 95113. October 18, 2007, City of Santa Clara, Santa Clara Senior Center, 1303 Fremont Street, Room 232, Santa Clara, CA 95050. The scoping meeting facilities will be accessible to persons with disabilities. If special translation or signing services or other special accommodations are needed, please contact VTA Customer Service five days prior to the meeting at (408) 321–2300, or e-mail community.outreach@vta.org. To be placed on the Project mailing list, E:\FR\FM\21SEN1.SGM 21SEN1

Agencies

[Federal Register Volume 72, Number 183 (Friday, September 21, 2007)]
[Notices]
[Pages 54098-54099]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18628]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-29254]


Minimum Age for Operating a Commercial Motor Vehicle (CMV) in 
Interstate Commerce: Jcrane, Inc. (Jcrane), Application for Exemption

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

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

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

SUMMARY: The FMCSA announces that it has received from Jcrane, Inc. 
(Jcrane) an application for an exemption from provisions of the Federal 
Motor Carrier Safety Regulations that require an individual who 
operates a commercial motor vehicle (CMV) of 10,001 or more pounds 
Gross Vehicle Weight Rating (GVWR) in interstate commerce to be a 
minimum of 21 years of age. The exemption would allow Jcrane's 
employees who are not yet 21 years of age to legally operate a CMV in 
interstate commerce. Jcrane states that the granting of the exemption 
would allow the company to better train crane operators and therefore 
increase overall safety. The FMCSA requests public comment on Jcrane's 
application for exemption.

DATES: Comments must be received on or October 22, 2007.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FMCSA-2007-29254 using any of the following methods:
    If filing comments by September 27, 2007, please use:
     Web site: https://dms.dot.gov. Follow the instructions for 
submitting comments on the Department of Transportation Docket 
Management System electronic docket site. No electronic submissions 
will be accepted between September 28, 2007, and October 1, 2007.
    If filing comments on or after October 1, 2007, use:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting 
comments.
    Alternatively, you can file comments using the following methods:
     Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Docket: For access to the docket to read background documents or 
comments received, go to https://dms.dot.gov until September 27, 2007, 
or the street address listed above. The DOT docket may be offline at 
times between September 28 through September 30 to migrate to the 
Federal Docket Management System (FDMS). On October 1, 2007, the 
internet access to the docket will be at https://www.regulations.gov. 
Follow the online instructions for accessing the dockets.
    Privacy Act: Note that all comments received will be posted without 
change to https://www.dms.dot.gov or https://www.regulations.gov, 
including any personal information provided. 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).

FOR FURTHER INFORMATION CONTACT: 
    Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations 
Division, Office of Bus and Truck Standards and Operations: 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. Under its regulations, FMCSA must publish a 
notice of each exemption request in the Federal Register (49 CFR

[[Page 54099]]

381.315(a)). The Agency must provide the public an opportunity to 
inspect the information relevant to the application, including the 
conducting of any safety analyses. 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)) 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)).

Application for Exemption

    Jcrane is a crane rental service located in southwest Ohio. It 
currently has nine full-time employees with commercial driver's 
licenses (CDLs), and operates three tractor-trailers and five mobile 
cranes. The tractor-trailers are support vehicles for the cranes and 
are driven by apprentices or individuals who are in the process of 
learning to operate cranes. These apprentice drivers are normally in 
the 18-23 year age range. According to Jcrane, this is the ideal age 
range to begin operator training. As a crane-support truck driver, 
these individuals haul counterbalance weights for the crane on a 
flatbed trailer. The drivers will follow a crane from the home base to 
a different jobsite every day, set the crane up, wait for the crane to 
make the lift, tear the crane down, and follow it back to the shop. 
These drivers never travel alone, are home every night, and do not haul 
goods owned by other people. Jcrane's operating area is generally 
within a 200-mile radius of their home base in Covington, Ohio. Due to 
their location, they never service the northeast corner of Ohio, but do 
a lot of work in eastern Indiana. Under Ohio law, their 18-20 year old 
apprentices may legally drive a truck from Covington, Ohio to 
Cleveland, Ohio--which is 5 hours northeast of their home terminal; 
however, they may not drive to Richmond, Indiana, which is 
approximately 1-hour west, due to FMCSA's prohibition against drivers 
under the age of 21 operating in interstate commerce in 49 CFR 
391.11(b)(1).
    Jcrane requests an exemption for their employees under the age of 
21 to be able to legally operate their equipment and tractor-trailers 
across state borders, however not outside of a 200-mile radius from 
their home terminal in Covington, Ohio. Jcrane states that, because 
they are located more than 200 miles from the eastern Ohio border, this 
exemption would not change the maximum distance that these drivers can 
travel and therefore would have no effect on safety. This exemption 
would, however, according to Jcrane, allow it to better train crane 
operators and therefore increase overall safety.
    Jcrane requests that the exemption from Sec.  391.11(b)(1) be in 
effect for a period of two years from the date of issue. A copy of 
Jcrane Inc.'s exemption application is in the docket identified for 
this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Jcrane Inc.'s application an exemption from 
49 CFR 391.11(b)(1). The Agency will consider all comments received by 
close of business on October 22, 2007. 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.

Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E7-18628 Filed 9-20-07; 8:45 am]
BILLING CODE 4910-EX-P