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