Electronic Signatures on Documents: East West Resort Transportation, LLC, and TMS, LLC, dba Colorado Mountain Express (CME), Application for Exemption, 74405-74407 [E7-25318]

Download as PDF Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices sroberts on PROD1PC70 with NOTICES Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., 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 acknowledgment that we received your comments, please include a selfaddressed, 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 our 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, etc.). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78; Apr. 11, 2000). This information is also available at http:// Docketinfo.dot.gov. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue, SE., Room W64– 224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. Information on Services for Individuals with Disabilities: For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Jennifer Musick at 703–998–0189 ext. 237. SUPPLEMENTARY INFORMATION: The preliminary agenda for the meeting includes: 0900–0920 Call to Order, Introduction and Agenda Review 0920–0930 Medical Review Board Administrative Discussion 0930–1000 Driving Evidence Reports (Seizure Disorders and Sleep Apnea) 1000–1100 Sleep Apnea and Driving Panel Recommendations 1100–1200 Seizure Disorders Panel Recommendations (cont) 1200–1230 MRB Deliberations on Sleep Apnea and Seizure Disorders 1230–1300 Public Comment Period 1300 Call to Adjourn * Breaks will be announced on meeting day and may be adjusted according to schedule changes, other meeting requirements. VerDate Aug<31>2005 20:08 Dec 28, 2007 Jkt 214001 74405 Background DEPARTMENT OF TRANSPORTATION The U.S. Secretary of Transportation announced on March 7, 2006, the five medical experts who serve on FMCSA’s Medical Review Board (MRB). Section 4116 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU, Pub. L. 109–59) requires the Secretary of Transportation with the advice of the MRB to ‘‘establish, review, and revise medical standards for operators of Commercial Motor Vehicles (CMVs) that will ensure that the physical condition of operators is adequate to enable them operate the vehicles safely.’’ FMCSA is planning updates to the physical qualification regulations of CMV drivers, and the MRB will provide the necessary science-based guidance to establish realistic and responsible medical standards. The MRB operates in accordance with the Federal Advisory Committee Act (FACA) as announced in the Federal Register (70 FR 57642, October 3, 2005). The MRB is charged initially with the review of all current FMCSA medical standards (49 CFR 391.41), as well as proposing new science-based standards and guidelines to ensure that drivers operating CMVs in interstate commerce, as defined in CFR 390.5, are physically capable of doing so. Federal Motor Carrier Safety Administration Meeting Participation Attendance is open to the interested public, including medical examiners, motor carriers, drivers, and representatives of medical and scientific associations. Written comments for this MRB meeting will also be accepted beginning on December 31, 2007 and continuing until February 12, 2008, and should include the docket ID that is listed in the ADDRESSES section. During the MRB meeting (1230–1300), oral comments may be limited depending on how many persons wish to comment; and will be accepted on a first come, first serve basis as requestors register at the meeting. The comments must directly address relevant medical and scientific issues on the MRB meeting agenda. For more information, please view the following Web site: http://www.fmcsa.dot.gov/mrb. Issued on: December 21, 2007. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E7–25337 Filed 12–28–07; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 [Docket No. FMCSA–2007–0093] Electronic Signatures on Documents: East West Resort Transportation, LLC, and TMS, LLC, dba Colorado Mountain Express (CME), 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 East West Resort Transportation, LLC, and TMS, LLC, dba Colorado Mountain Express (CME), an application for an exemption from the original signature requirement for a driver on the application for employment required by the Federal Motor Carrier Safety Regulations. The exemption would allow CME to use an electronic signature as a functional equivalent of an original signature on the driver employment applications. CME states that the use of electronic signatures would substantially improve the level of service that it can provide the public, as it would expedite processing of employment applications as well as improve cost efficiency in its business. FMCSA requests public comment on CME’s application for exemption. Comments must be received on or before January 30, 2008. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– 2004–19608 by any of the following methods: • Web Site: www.regulations.gov. Follow the instructions for submitting comments on the Federal electronic docket site. • Fax: 1–202–493–2251. • Mail: Docket Management Facility, U.S. Department of Transportation, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. • Hand Delivery: Ground Floor, Room W12–140, DOT Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number or Regulatory Identification Number (RIN) for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the DATES: E:\FR\FM\31DEN1.SGM 31DEN1 sroberts on PROD1PC70 with NOTICES 74406 Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices Public Participation heading below. Note that all comments received will be posted without change to www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov at any time or to the ground floor, room W12–140, DOT Building, New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, except Federal holidays. Privacy Act: 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 (65 FR 19477–78) or you may visit http:// docketsinfo.dot.gov. Public participation: The www.regulations.gov Web site is generally available 24 hours each day, 365 days each year. You can get electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the www.regulations.gov Web site and also at the DOT’s http:// docketsinfo.dot.gov Web site. If you want us to notify you that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. Comments received after the comment closing date will be included in the docket, and we will consider late comments to the extent practicable. FMCSA may, however, make a final decision on the application for exemption at any time after the close of the comment period. ADDRESSES: You may submit comments identified by DOT DMS Docket Number FMCSA–2007–0093 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, 1200 New Jersey Avenue, SE., Room W12– 140, Washington, DC 20590. • Hand Delivery: Room W12–140 on the ground floor of the West Building, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday VerDate Aug<31>2005 20:08 Dec 28, 2007 Jkt 214001 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 at any time or Room W12– 140 on the ground floor of the West Building, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management System (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. Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations. Telephone: 202–366–4325. E-mail: MCPSD@fmcsa.dot.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 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 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 PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 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)). Request for Exemption East West Resort Transportation, LLC, and TMS, LLC, dba Colorado Mountain Express (CME) is a DOT-registered motor carrier of passengers providing service over regular routes and in special and charter operations. CME operates 235 vehicles and has over 20 years of experience in interstate commerce. CME’s regular route operations are provided principally between the Denver International Airport in Denver, Colorado and points in Eagle County, Colorado including the Vail and Beaver Creek ski resorts, the Eagle County, Colorado Regional Airport and points in Pitkin County, Colorado, including the Aspen and Snowmass ski resorts, pursuant to certificates issued by the former Interstate Commerce Commission (ICC). Its authority to provide charter and special operations extends to all points in Colorado. CME states that it has increasingly made use of computers in conducting its business. It makes maximum use of the Internet in its reservations, maintenance, accounting and virtually all other phases of its business. CME advises that its ‘‘goal of making maximum prudent use of computers in its business extends to its goal of ultimate digitization of all data which it both generates and receives in the ordinary course of business, with the result of CME being a ‘paperless office’.’’ CME’s ultimate goal, according to its exemption application, is to conduct, to the extent possible, all of its internal operations in a digitized format. CME states that, as a motor common carrier of passengers, it is required to comply—and does comply—with the Federal Motor Carrier Safety Regulations (FMCSRs). One specific E:\FR\FM\31DEN1.SGM 31DEN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices section of the FMCSRs—§ 391.21(b) reads: ‘‘The application for employment shall be made on a form furnished by the motor carrier. Each application form must be completed by the applicant, must be signed by him, and must contain the following information * * *.’’ As one part of its goal to utilize computers in its everyday business activities, in 2006 CME contracted with a vendor to monitor the Federal driverrecordkeeping requirements with a service that helps carriers centralize and manage driver records, and standardizes company-wide transportation safety and compliance programs and resulting data. By providing proactive real-time alerts of important driver information, this system lets CME know at a glance what its compliance level is at any given time, and what work needs to be done to maintain and enhance its compliance efforts. According to CME, one of the timeconsuming drawbacks to the overall process of hiring a driver is the requirement in 49 CFR 391.21(b) of having the application signed by the individual driver applicant. CME’s computer system is sophisticated and secure, and applicants who submit an application online do so by entering a user name and password that can only be known to the applicant. CME wishes to make this online application process less complicated by allowing driverapplicants to use an electronic signature, rather than having the application completed online, approved, printed, signed by the driver applicant, and then rescanned into the system. Due to the savings involved in not maintaining large areas devoted to the storage of paper records, CME has strived to have substantially all of its passenger-service records, including its traffic data, digitized in a manner that minimizes human intervention. CME states that the potential utilization of electronic signatures would substantially improve the level of service that it can provide the public as it reduces the margin of error in its operations, which culminates in considerable cost savings to CME. CME requests that it be granted an exemption for a period of two years from the requirement to maintain driver employment applications bearing original signatures. A copy of CME’s exemption application is in the docket identified at the beginning of this notice. Request for Comments In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA VerDate Aug<31>2005 20:08 Dec 28, 2007 Jkt 214001 requests public comment on CME’s application for an exemption. The Agency will consider all comments received by close of business on January 30, 2008. 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: December 19, 2007. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E7–25318 Filed 12–28–07; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Agency Information Collection Activities Federal Railroad Administration, DOT. ACTION: Notice of OMB Approvals. AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and 5 CFR 1320.5(b), this notice announces that new information collection requirement (ICR) listed below has been approved by the Office of Management and Budget (OMB). This new ICR pertains to 49 CFR Part 262. Additionally, FRA hereby announces that other ICRs listed below have been re-approved by the Office of Management and Budget (OMB). These ICRs pertain to Parts 215, 216, 219, 223, and 239. The OMB approval numbers, titles, and expiration dates are included herein under supplementary information. FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning and Evaluation Division, RRS–21, Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 25, Washington, DC 20590 (telephone: (202) 493–6292), or Gina Christodoulou, Office of Support Systems, RAD–43, Federal Railroad Administration, 1200 New Jersey Ave., NW., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493–6139). (These telephone numbers are not toll-free.) SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 74407 (PRA), Public Law No. 104–13, § 2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501–3520), and its implementing regulations, 5 CFR Part 1320, require Federal agencies to display OMB control numbers and inform respondents of their legal significance once OMB approval is obtained. The following new FRA information collections were approved in the last year: (1) OMB No. 2130–0572, Causal Analysis and Countermeasures to Reduce Rail-related Suicides (Forms FRA F 6180.125A and FRA F 6180.125B), and (2) OMB No. 2130– 0573, Implementation of Program for Capital Grants for Rail Line Relocation and Improvement Projects (49 CFR 262). The expiration date for these two new collections of information is November 30, 2010. The following information collections were re-approved: (1) OMB No. 2130– 0504, Special Notice for Repairs (49 CFR part 216) (Forms FRA F 6180.8 and FRA 6180.8A). The new expiration date for this information collection is August 31, 2010. (2) OMB No. 2130–0511, Designation of Qualified Persons (49 CFR 215). The new expiration date for this information collection is May 31, 2010. (3) OMB No. 2130–0526, Control of Alcohol and Drug Use in Railroad Operations (49 CFR 219) (Forms FRA F 6180.73 and FRA F 6180.74). The new expiration date for this information collection is March 31, 2010. (4) OMB No. 2130–0545, Passenger Train Emergency Preparedness (49 CFR 223 and 239). The new expiration date for this information collection is May 31, 2010. (5) OMB No. 2130–0555, FRFB Employees Who Perform Train or Dispatching Service in the United States (49 CFR 219). The new expiration date for this information collection is August 31, 2010. Persons affected by the above referenced information collections are not required to respond to any collection of information unless it displays a currently valid OMB control number. These approvals by the Office of Management and Budget (OMB) certify that FRA has complied with the provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104–13) and with 5 CFR 1320.5(b) by informing the public about OMB’s approval of the information collection requirements of the above cited forms and regulations. Authority: 44 U.S.C. 3501–3520. E:\FR\FM\31DEN1.SGM 31DEN1

Agencies

[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Notices]
[Pages 74405-74407]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25318]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-0093]


Electronic Signatures on Documents: East West Resort 
Transportation, LLC, and TMS, LLC, dba Colorado Mountain Express (CME), 
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 East West Resort 
Transportation, LLC, and TMS, LLC, dba Colorado Mountain Express (CME), 
an application for an exemption from the original signature requirement 
for a driver on the application for employment required by the Federal 
Motor Carrier Safety Regulations. The exemption would allow CME to use 
an electronic signature as a functional equivalent of an original 
signature on the driver employment applications. CME states that the 
use of electronic signatures would substantially improve the level of 
service that it can provide the public, as it would expedite processing 
of employment applications as well as improve cost efficiency in its 
business. FMCSA requests public comment on CME's application for 
exemption.

DATES: Comments must be received on or before January 30, 2008.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2004-19608 by any of the following 
methods:
     Web Site: www.regulations.gov. Follow the instructions for 
submitting comments on the Federal electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the

[[Page 74406]]

Public Participation heading below. Note that all comments received 
will be posted without change to www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov at any time or to the 
ground floor, room W12-140, DOT Building, New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: 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 (65 FR 19477-78) or you may visit http://
docketsinfo.dot.gov.
    Public participation: The www.regulations.gov Web site is generally 
available 24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the www.regulations.gov Web site and also at the DOT's http://
docketsinfo.dot.gov Web site. 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 online.
    Comments received after the comment closing date will be included 
in the docket, and we will consider late comments to the extent 
practicable. FMCSA may, however, make a final decision on the 
application for exemption at any time after the close of the comment 
period.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FMCSA-2007-0093 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, 1200 New Jersey Avenue, SE., Room W12-140, Washington, 
DC 20590.
     Hand Delivery: Room W12-140 on the ground floor of the 
West Building, U.S. Department of Transportation, 1200 New Jersey 
Avenue, SE., 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 at any time or Room W12-140 
on the ground floor of the West Building, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
Docket Management System (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, FMCSA Driver 
and Carrier Operations Division, Office of Bus and Truck Standards and 
Operations. Telephone: 202-366-4325. 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 
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)).

Request for Exemption

    East West Resort Transportation, LLC, and TMS, LLC, dba Colorado 
Mountain Express (CME) is a DOT-registered motor carrier of passengers 
providing service over regular routes and in special and charter 
operations. CME operates 235 vehicles and has over 20 years of 
experience in interstate commerce. CME's regular route operations are 
provided principally between the Denver International Airport in 
Denver, Colorado and points in Eagle County, Colorado including the 
Vail and Beaver Creek ski resorts, the Eagle County, Colorado Regional 
Airport and points in Pitkin County, Colorado, including the Aspen and 
Snowmass ski resorts, pursuant to certificates issued by the former 
Interstate Commerce Commission (ICC). Its authority to provide charter 
and special operations extends to all points in Colorado.
    CME states that it has increasingly made use of computers in 
conducting its business. It makes maximum use of the Internet in its 
reservations, maintenance, accounting and virtually all other phases of 
its business. CME advises that its ``goal of making maximum prudent use 
of computers in its business extends to its goal of ultimate 
digitization of all data which it both generates and receives in the 
ordinary course of business, with the result of CME being a `paperless 
office'.'' CME's ultimate goal, according to its exemption application, 
is to conduct, to the extent possible, all of its internal operations 
in a digitized format.
    CME states that, as a motor common carrier of passengers, it is 
required to comply--and does comply--with the Federal Motor Carrier 
Safety Regulations (FMCSRs). One specific

[[Page 74407]]

section of the FMCSRs--Sec.  391.21(b) reads: ``The application for 
employment shall be made on a form furnished by the motor carrier. Each 
application form must be completed by the applicant, must be signed by 
him, and must contain the following information * * *.''
    As one part of its goal to utilize computers in its everyday 
business activities, in 2006 CME contracted with a vendor to monitor 
the Federal driver-recordkeeping requirements with a service that helps 
carriers centralize and manage driver records, and standardizes 
company-wide transportation safety and compliance programs and 
resulting data. By providing proactive real-time alerts of important 
driver information, this system lets CME know at a glance what its 
compliance level is at any given time, and what work needs to be done 
to maintain and enhance its compliance efforts.
    According to CME, one of the time-consuming drawbacks to the 
overall process of hiring a driver is the requirement in 49 CFR 
391.21(b) of having the application signed by the individual driver 
applicant. CME's computer system is sophisticated and secure, and 
applicants who submit an application online do so by entering a user 
name and password that can only be known to the applicant. CME wishes 
to make this online application process less complicated by allowing 
driver-applicants to use an electronic signature, rather than having 
the application completed online, approved, printed, signed by the 
driver applicant, and then rescanned into the system.
    Due to the savings involved in not maintaining large areas devoted 
to the storage of paper records, CME has strived to have substantially 
all of its passenger-service records, including its traffic data, 
digitized in a manner that minimizes human intervention. CME states 
that the potential utilization of electronic signatures would 
substantially improve the level of service that it can provide the 
public as it reduces the margin of error in its operations, which 
culminates in considerable cost savings to CME.
    CME requests that it be granted an exemption for a period of two 
years from the requirement to maintain driver employment applications 
bearing original signatures. A copy of CME's exemption application is 
in the docket identified at the beginning of this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on CME's application for an exemption. The 
Agency will consider all comments received by close of business on 
January 30, 2008. 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: December 19, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-25318 Filed 12-28-07; 8:45 am]
BILLING CODE 4910-EX-P