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Code · REGISTER · 2006-05-12 · Federal Motor Carrier Safety Administration (FMCSA), DOT · Notices

Notices. Notice

12,032 words·~55 min read·/register/2006/05/12/06-4479·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2006-24555] Establishment of the Uniform Carrier Registration Plan Board of Directors AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice. SUMMARY: FMCSA announces establishment of a Board of Directors for the Unified Carrier Registration Plan mandated under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users.
The Board will be responsible for issuing rules and regulations to govern the Uniform Carrier Registration Agreement (UCR Agreement). The UCR Agreement is the replacement system for the Single State Registration System
(SSRS)due to expire on January 1, 2007. The UCR Agreement will govern the collection and distribution of registration and financial responsibility information provided and fees paid by for-hire and private motor carriers, brokers, freight forwarders, and leasing companies. The Secretary of Transportation establishes the initial 15-member Board of Directors by direct appointment due to the imminent sunsetting of SSRS and the potential for significant loss of revenue to the 39 participating States if work is not completed prior to January 1, 2007. FMCSA plans to solicit in the **Federal Register** nominations for successor membership prior to expiration of terms of membership. DATES: Initial appointments to the Board of Directors are effective beginning on June 1, 2006. ADDRESSES: You may submit comments, identified by DOT DMS Docket Number FMCSA-2006-24555, by any of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov.* Follow the instructions for submitting comments. • Agency Web Site: *http://dms.dot.gov.* Follow the instructions for submitting comments on the DOT electronic docket site. • Fax: 1-202-493-2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. *Instructions:* All submissions received must include the agency name and docket number for this notice. All comments received will be posted without change to *http://dms.dot.gov,* including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Participation” heading of the SUPPLEMENTARY INFORMATION section of this document. For a summary of DOT's Privacy Act Statement or information on how to obtain a complete copy of DOT's Privacy Act Statement please see the “Privacy Act” heading. *Docket:* For access to the docket to read background documents or comments received, go to *http://dms.dot.gov* at any time or to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 am and 5 pm, 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 (Volume 65, Number 70; Pages 19477-78) or you may visit *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: Mr. William Quade,
(202)366-2172, Director, Office of Safety Programs, Federal Motor Carrier Safety Administration, (MC-ES), 400 Seventh Street, SW., Washington, DC 20590-0001. Office hours are from 8 a.m. to 5 p.m., e.t., Monday through Friday except Federal holidays. SUPPLEMENTARY INFORMATION: *Public Participation:* Section 4305 of SAFETEA-LU created a new 49 U.S.C. 14504a. Section 14504a(d)(9) exempts the Unified Carrier Registration Plan, the Board and its committees from the Federal Advisory Committee Act. Nonetheless, the Board of Directors plans to periodically publish information concerning its proceedings and decisions in the public docket. FMCSA welcomes comments on the appointment of members to the Board and other issues related to the UCR Agreement. DMS is 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 DMS web site. If you want us to notify you of receiving your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Background Section 4305 of SAFETEA-LU [Pub. L. 109-59, 119 Stat. 1144, August 10, 2005] created, under Title 49 U.S. Code, a new section 14504a titled “Unified Carrier Registration System plan and agreement.” Under the UCR Agreement, motor carriers, motor private carriers, brokers, freight forwarders, and leasing companies provide registration and financial responsibility information and pay certain fees. The Unified Carrier Registration Plan Board of Directors must issue rules and regulations to govern the UCR Agreement. Under the UCR Agreement, the USDOT Number will be the sole Federal identification number for all motor carriers. The UCR Agreement will replace the current SSRS, which will expire on January 1, 2007 in accordance with section 4305(a) of SAFETEA-LU. SSRS is a State-administered registration program covering for-hire interstate motor carriers. SSRS ensures that all interstate for-hire motor carriers maintain public liability insurance at the appropriate levels and are properly authorized under 49 U.S.C. 13902 to operate. A motor carrier must choose a single participating State in which to file its SSRS application. Usually a carrier is able to select the State in which it maintains its principal place of business. However, if that State is not a participating SSRS State, the carrier must select an SSRS-participant State in which it will operate the largest number of commercial motor vehicles in its fleet during the next registration year. Regardless of how the motor carrier makes the selection, the selected State is known as the “base” State and collects fees on behalf of all the participating States in which the motor carrier operates. A Canada- or Mexico-domiciled motor carrier also must select the State in the United States which it most frequently operates as its base State for registration purposes. Currently, 39 States participate in SSRS, and they use this registration system to generate revenues to supplement State general fund accounts and to conduct safety-related services. Historically, the for-hire motor carrier industry has complained about the cost of this program. Under section 4305 of SAFETEA-LU, Congress brokered a compromise that lowers the costs of for-hire motor carrier registration under SSRS while keeping the 39 participating States “whole” in terms of the amount of revenue they receive under SSRS. Congress accomplished this by spreading SSRS user fees to include a broader population of registrants and entities currently not required to register. By including private motor carriers, brokers, freight forwarders, leasing companies, and exempt for-hire motor carriers in the UCR Agreement, Congress lowered the registration costs for for-hire motor carriers and ensured that the SSRS States do not lose essential funding for safety services. SAFETEA-LU tasked the Board of Directors with developing an appropriate registration fee structure as well as a distribution formula for fees collected. Title 49 U.S.C. 14504a(a)(9) defines the Unified Carrier Registration Plan as the organization of State, Federal, and industry representatives responsible for developing, implementing, and administering the UCR Agreement. Section 14504a(d)(1)(B) directed the Secretary to establish a Unified Carrier Registration Plan Board of Directors made up of 15 members representing FMCSA, State government, and the motor carrier industry. The Board also must recommend initial annual fees to be assessed against carriers, leasing companies, brokers, and freight forwarders under the UCR Agreement. The Secretary must set the initial annual fees for the next agreement year and any subsequent adjustment of those fees within 90 days of receiving the Board's recommendation and only after notice and opportunity for public comment. Section 14504a(d) stipulates that the Unified Carrier Registration Plan Board of Directors must consist of representatives from the following groups: *U.S. Department of Transportation (the Department):* One individual—either the FMCSA Deputy Administrator or such other Presidential appointee from the Department—must represent the Department. *Federal Motor Carrier Safety Administration:* One director must be selected from each of the FMCSA service areas (as defined by FMCSA on January 1, 2005) from among the chief administrative officers of the State agencies responsible for administering the UCR Agreement. FMCSA has designated four Service Center areas throughout the Nation. *The Eastern Service Center* includes: Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, Pennsylvania, New Jersey, New York, Maryland, Delaware, West Virginia, Virginia, Puerto Rico and the District of Columbia. *The Southern Service Center* includes: North Carolina, South Carolina, Tennessee, Arkansas, Oklahoma, Texas, Louisiana, Mississippi, Alabama, Georgia, Florida, and Kentucky. *The Midwestern Service Center* includes: Iowa, Illinois, Indiana, Kansas, Michigan, Missouri, Minnesota, Nebraska, Ohio, and Wisconsin. *The Western Service Center* includes: American Samoa, Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Montana, New Mexico, Nevada, North Dakota, Northern Mariana Islands, Oregon, South Dakota, Utah, Washington, and Wyoming. *State Agencies:* The five directors selected to represent State agencies must be from among the professional staffs of State agencies responsible for overseeing the administration of the UCR Agreement and must be nominated by the National Conference of State Transportation Specialists (NCSTS), a non-profit organization founded in 1959 and consisting of State agencies involved in transportation safety, insurance and consumer protection. *Motor Carrier Industry:* Five directors must represent the motor carrier industry. At least one of the five motor carrier industry representatives must be from “a national trade association representing the general motor carrier of property industry” and one of them must be from “a motor carrier that falls within the smallest fleet fee bracket.” The agency recognizes the American Trucking Associations, Inc.
(ATA)as the national trade association representing the general motor carrier of property industry. ATA is a national affiliation of State trucking organizations representing the national, State and local interests of the 50 affiliated State trucking associations; and the interests of specialized areas of the trucking industry through conferences and councils. The agency has selected the Owner-Operator Independent Drivers Association (OOIDA) as the organization from which to appoint an individual to represent motor carriers comprising the smallest fleet fee bracket. OOIDA is a national trade association representing the interests of small trucking companies and drivers. The Secretary has discretion to appoint the remaining three industry representatives. In order to ensure participation on the Board by segments of the industry newly subject to the SSRS replacement system, the Secretary appoints three members as follows:
(1)One member from the Transportation Intermediaries Association (TIA),
(2)one member from the National Private Truck Council (NPTC), and
(3)one member from Wal-Mart Stores, Inc. (Wal-Mart). TIA represents transportation intermediaries such as brokers, freight forwarders, and shippers doing business in domestic and international commerce. NPTC is a national trade association representing private motor carrier fleets. With nearly 7,000 tractors, over 40,000 trailers, and annual sales over $285 billion, Wal-Mart is the nation's largest private motor carrier. Section 14504a(d)(1)(C) requires the Secretary to appoint a Chairperson and Vice-Chairperson of the Board; these appointments will be made at a later date. Board of Directors Today's action provides public notice of appointment of the Unified Carrier Registration Plan Board of Directors. In the event any of the positions become vacant prior to the term expiration, new appointments would be made in accordance with section 14504a(d)(1). Initial appointments are as listed below: *U.S. Department of Transportation.* The Deputy Administrator of FMCSA will represent the Department. In the absence of a Deputy Administrator, the Secretary would appoint another such Presidential appointee from the Department to represent the agency. *Federal Motor Carrier Safety Administration.* Mr. Anthony D. Portanova, Deputy Commissioner, Connecticut Department of Motor Vehicles (CTDMV) is being appointed to represent the FMCSA Eastern Service Center. Mr. Portanova has overseen the Commercial Vehicle Safety Division and the Dealers and Repairers Division since July 1999. Prior to his appointment as Deputy Commissioner, Mr. Portanova owned and operated Portanova, Inc., an intrastate and interstate transportation and warehousing company for 34 years. He retired in 1998 and became Deputy Commissioner in July 1999. In addition to responsibilities as Deputy Commissioner, Mr. Portanova serves as Project Sponsor to the Commercial Vehicle Information System Network Project, the Chairman of a Subcommittee under the Connecticut Transportation Strategy Board, and was formerly Director, Motor Transport Association of Connecticut. Ms. Angel O. Oliver, Supervisor, Credentialing Unit, Motor Carrier Division, Texas Department of Transportation (TXDOT) is being appointed to represent the FMCSA Southern Service Center. The Motor Carrier Division is responsible for administering SSRS in Texas and providing credentials to intrastate and interstate for-hire motor carriers. Ms. Oliver has been with TXDOT for 18 years. Ms. Ruth Sluzacek, Director of Motor Carrier Services, Iowa Motor Vehicle Division, Iowa Department of Transportation, is being appointed to represent the FMCSA Midwestern Service Center. Ms. Sluzacek has been the Director of Motor Carrier Services since 1989, and her office is responsible for issuing size and weight permits and administering the International Registration Plan (IRP), the International Fuel Tax Agreement
(IFTA)licensing and quarterly fuel tax processing, and SSRS. Mr. Frank Laqua, Administrator of Motor Carrier Services, North Dakota Department of Transportation is being appointed to represent the Western Service Center. Mr. Laqua has been with the North Dakota Department of Transportation for 19 years, serving 11 of those years as Administrator of Motor Carrier Services. As Administrator, Mr. Laqua is responsible for IFTA licensing and administering both IRP and SSRS. He currently represents North Dakota as the IRP and IFTA Commissioner. *State Agencies.* NCSTS has nominated, and the Secretary has appointed, the following individuals to represent State agencies on the Board:
(1)Mr. Avelino A. Gutierrez, Staff Counsel, New Mexico Public Regulation Commission (NMPRC). Mr. Gutierrez has been with the NMPRC for over 15 years, and his main area of expertise has been in the transportation field. He served as NCSTS president from June 2003 to June 2004.
(2)Ms. Barbara Hague, Special Projects Coordinator, Missouri Department of Transportation Motor Carrier Services (MODOT). Ms. Hague has 35 years of experience in State transportation regulation, supervising the operating authority application, licensing, insurance, and tariff requirements for intrastate and interstate carriers. She implemented a paperless office system for operating authority transactions with MODOT.
(3)Mr. Dave Lazarides, Director of Processing and Information, Illinois Commerce Commission, Transportation Bureau; Program Manager, Commercial Vehicle Information Systems and Network for the State of Illinois. Mr. Lazarides played a major role in the design of the SSRS software which has been adopted by 25 other States. He also serves as a consultant to States regarding electronic commerce initiatives and acts as chairman of the Electronic Commerce Committee for NCSTS.
(4)Mr. William Leonard, Director of the Freight Compliance and Safety Bureau, New York Department of Transportation (NYDOT). Mr. Leonard's office is responsible for both the Motor Carrier Safety Assistance Program and SSRS for the State of New York. NYDOT is also responsible for the issuance of operating authority to for-hire intrastate motor carriers in the State of New York.
(5)Mr. Terry Willert, Chief, Transportation Section, Colorado Public Utility Commission (COPUC). Mr. Willert currently serves as NCSTS Treasurer and its Strategic Planning Committee Chairman. He has been with the COPUC Transportation Section for 22 years, serving as an investigator and now as Chief. COPUC is responsible for administering SSRS, permitting, and monitoring insurance and safety of for-hire motor carriers in Colorado. Motor Carrier Industry
(1)*ATA representative.* Mr. Robert C. Pitcher, ATA Vice President, State Laws Division, is being appointed to represent the national trade association representing the general motor carrier of property industry. Mr. Pitcher has been involved in many aspects of motor carrier operations, regulation, registration, and taxation. He worked first at the Federation of Tax Administrators—an association of State revenue agencies—where he worked with programs of tax training and research concentrating on fuel taxes. He has been with ATA's State Laws Division for 14 years.
(2)*OOIDA representative.* Mr. Rick Craig, Owner Operator and Independent Driver Association, Treasurer and Director of Regulatory Affairs and the Executive Director of the OOIDA Foundation is being appointed to represent small motor carriers that fall within the smallest fleet fee bracket. Mr. Craig has more than 30 years experience in the trucking industry.
(3)*Other motor carrier industry representatives.* Robert A. Voltmann, Transportation Intermediaries Association, President and Chief Executive Officer, is being appointed as the third motor carrier industry representative. Mr. Voltmann has been in his current position with TIA for nine years. Richard P. Schweitzer, National Private Truck Council, General Counsel, is being appointed as the fourth motor carrier industry representative. Mr. Schweitzer has a private practice in Washington, DC. In his capacity as General Counsel to NPTC, he represented private motor carriers in discussions leading to enactment of The Unified Carrier Registration Act of 2005, Subtitle C of Title IV of SAFETEA-LU. Mr. Craig Sharkey, Wal-Mart, Associate General Counsel for the Logistics Division, is being appointed as the fifth motor carrier industry representative. Mr. Sharkey has served as Associate General Counsel since 2002. The Logistics Division supports the distribution, warehousing, transportation, import, global procurement, and aviation segments of Wal-Mart's business. Board Member Term Limits Appointees to the initial Board of Directors identified in today's notice will serve staggered term limits. Title 49 U.S.C. 14504a(d)(1)(D) granted the Secretary discretion to assign five directors to 3-year terms, five directors to 2-year terms, and five directors to 1-year terms. All successor appointees, except the FMCSA Deputy Administrator, will serve a uniform 3-year term. The FMCSA Deputy Administrator, or other individual designated by the Secretary to represent the Department, will serve at the discretion of the Secretary. The initial term limits are designated as follows: *Three-year term.* Each of the five Directors representing the motor carrier industry will serve an initial term of 3 years. FMCSA believes it is important to designate the maximum term limit for the motor carrier industry representatives because they are the group most affected by creation of the UCR Agreement and Plan. A 3-year term would ensure consistent representation on the Board by this group and provide adequate time to solicit successor nominations in the **Federal Register** prior to expiration of their term limits. *Two-year term.* Each of the four Directors representing the FMCSA Service Center areas will serve an initial term of 2 years. A 2-year term will ensure adequate time to solicit successor nominations in the **Federal Register** prior to expiration of their term limits. *One-year term.* Each of the five Directors representing State agencies will serve an initial term of 1 year. A 1-year term limit will allow NCSTS greater flexibility in determining who represents them, especially for the initial Board. Issued on May 5, 2006. Warren E. Hoemann, Acting Administrator. [FR Doc. E6-7236 Filed 5-11-06; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2005-22938] Commercial Driver's License Standards; Volvo Trucks North America, Inc.'s Exemption Application AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; granting of application for exemption. SUMMARY: FMCSA announces its decision to grant Volvo Trucks North America, Inc's. (Volvo), application for an exemption from the Agency's requirement for drivers of commercial motor vehicles
(CMVs)to hold a commercial driver's license (CDL). Volvo requested an exemption for 11 Swedish engineers and technicians who will test drive CMVs in the United States (U.S.) for Volvo. All of the individuals hold a valid Swedish CDL and have been trained to drive CMVs in Sweden. The individuals normally work at Volvo in Sweden where their duties involve developing, designing, and testing engines for CMVs that will be manufactured, assembled, sold, or primarily used in the U.S. FMCSA believes the terms and conditions of the exemption will ensure that the level of safety for the drivers is equivalent to or greater than the level of safety that would be achieved by complying with the Federal regulations. The exemption will preempt inconsistent State requirements applicable to interstate commerce. DATES: The exemption is effective May 12, 2006. The exemption expires May 12, 2008. FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey J. Van Ness,
(202)366-8802, Office of Bus and Truck Standards and Operations (MC-PSV), Federal Motor Carrier Safety Administration, DOT, 400 Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Sections 31136 and 31315 of Title 49, United States Code (U.S.C.) authorize FMCSA to grant exemptions from the Federal Motor Carrier Safety Regulations (FMCSRs). An exemption provides relief from one or more FMCSRs to a person or class of persons subject to the regulations. An exemption lasts for up to 2 years, and may be renewed. When evaluating applications, these sections also require the Agency to consider whether the terms and conditions for the exemptions would achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulations. The Agency must publish a notice in the **Federal Register** for each exemption requested, explaining that the request has been filed, providing the public with an opportunity to inspect the safety analysis and any other relevant information known to the agency; and provide an opportunity for public comment on the exemption. (See 49 U.S.C. 31315(b)(4) and 49 CFR part 381.315). The notice must state:
(1)Who will receive the exemption,
(2)what regulation is covered by the exemption,
(3)how long the exemption is in effect, and
(4)all terms and conditions of the exemption. complying with the regulation. Volvo Application for an Exemption Volvo applied for an exemption from the commercial driver's licensing rules, specifically 49 CFR 383.23, which provides licensing requirements for drivers operating CMVs in interstate and intrastate commerce. Volvo requested the exemption because the drivers they employ are citizens and residents of Sweden and may not apply for a CDL from a State in the United States. A copy of the application is in the docket identified at the beginning of this notice. The exemption would allow the following drivers to operate tractor trailer combination vehicles in interstate and intrastate commerce as part of a team of drivers to develop, design and/or test engines for CMVs that will be manufactured, assembled, sold or primarily used in the United States: Christer Milding, Jonas Gustafsson, Sten-Ake Sandberg, Daniel Kanebratt, Urban Walter, Dennis Mattsson, Fredrik Wattwill, Jonas Nilsson, Bjorn Nyman, Lars Johansson and David Aas. These drivers are a team of designers, currently employed by Volvo in Sweden, who want to drive CMVs in the U.S. to test and evaluate prototype and production CMVs in order to design safe and well-tested vehicles for use on U.S. highways. They are fully qualified CMV operators with valid Swedish CDLs. The company ensures that driver qualifications are maintained and all current Swedish laws are followed. Due to strict licencing and testing regulations in Sweden for drivers who seek CDLs, and the extensive CMV training and experience of these II drivers, Volvo believes that the exemption is likely to achieve a level of safety equivalent to the level of safety that would be obtained absent the exemption. Method To Ensure an Equivalent or Greater Level of Safety Drivers applying to obtain a Swedish CDL must take both a knowledge test and skills test before a license to operate CMVs is issued. This process is considered comparable to, or as effective as, the requirements of Part 383 and adequately assesses the driver's ability to operate CMVs in the U.S. Once a driver is granted a Swedish CDL, he/she is allowed to drive any CMV currently allowed on Swedish roads. There are no limits to types or weights of vehicles that may be operated by the drivers. Discussion of Comments On February 9, 2006, FMCSA published a notice that Volvo had applied for an exemption on behalf of the above-referenced 11 drivers, and requested comments from the public (71 FR 6822). The comment period closed on March 13, 2006. FMCSA received five comments, two opposing and three supporting the exemption. Barb Sachau opposed granting the exemption, stating that she believes there are U.S. drivers that can be employed by Volvo to test the vehicles under extreme conditions. She believes U.S. drivers are more familiar with local weather conditions, and that this familiarity would be an advantage for the testing. She also noted that U.S. drivers need the work. Eddie Roman opposed the exemption, arguing that allowing it would set precedents for other organizations to request similar exemptions, and that it would be impossible to cite the Swedish drivers for any violations while they are operating on U.S. highways. Jeremiah Keller supported granting the exemption as long as the Swedish CDL requirements are equivalent to or stricter than U.S. requirements. Bryan Montgomery also supported granting the exemption because it would allow these engineers and technicians to create the safest commercial vehicles. He stated that the requirements to obtain a Swedish CDL are equivalent to or greater than the requirements to obtain a U.S. CDL, and added that innovation in commercial vehicle safety may be shared globally. Stephen Hadley favored the exemption, since the expertise and experience of these individuals would benefit commercial vehicle safety. He added that the exemptions are for short-term test driving positions, and thus would not adversely affect the employment of U.S. commercial drivers. FMCSA Response to the Comments Although two commenters opposed granting the exemptions, FMCSA believes that granting them would achieve a level of safety equivalent to, or greater than, the level of safety that would be achieved by complying with the FMCSRs. FMCSA has concluded that the drivers for Volvo have the knowledge and skills necessary to safely operate CMVs in the U.S. FMCSA determined that the Swedish CDLs are comparable to the CDLs issued by the various State licensing agencies, CMV drivers in both Sweden and the U.S. are given knowledge and skills tests before a CDL is issued. There is no data to suggest that familiarity with weather conditions within the U.S. provides a driver with an improved degree of safety of operation of a CMV. Swedish winter weather is at least as bad as anything in this country. These drivers have demonstrated that they can safely operate a CMV under a variety of weather conditions. There is no readily apparent reason to believe they would be less safe operating a CMV under weather conditions found in the U.S. FMCSA does not believe granting the exemption will reduce the available employment for U.S. drivers. Volvo is requesting this exemption for engineers and technicians who are involved in developing, designing, and testing engines for CMVs that will be manufactured, assembled, sold, or primarily used in the U.S. Consequently, these individuals possess a knowledge of the vehicles that is not available to U.S. drivers. They are also able to communicate that knowledge among themselves, and with other Swedish officials of Volvo in a language not familiar to American drivers. These drivers would not transport passengers or freight, nor are they paid on a per-mile basis. Both their incentives and their opportunities to violate the Federal Motor Carrier Safety Regulations are minimal. Drivers covered by this exemption continue to be subject to U.S. safety regulations and penalties for violating such regulations. As part of the terms and conditions of this exemption, the drivers must:
(1)Comply with controlled substances and alcohol testing regulations under 49 CFR 382,
(2)meet the same driver qualification and disqualification rules under 49 CFR 383 and 391 that apply to other CMV drivers in the U.S., and
(3)maintain a copy of the exemption on the vehicle at all times. Volvo must notify FMCSA in writing
(4)of any accident, as defined in 49 CFR 390.5, involving a driver covered by this exemption, and
(5)if any driver is convicted of disqualification offenses in 49 CFR 383.51 or 391.15. Violations observed by State or local officials may be reported directly to FMCSA. If the violations suggest that the terms and conditions of the exemption have not been satisfied FMCSA will immediately revoke the exemption as required by 49 U.S.C. 31315(b)(2). Additionally, FMCSA may revoke the exemption if the Volvo's drivers fail to comply with the terms and conditions of the exemption, or if the exemptions have resulted in a lower level of safety than was maintained by Volvo's test operations before it was granted. Basis for FMCSAs Determination FMCSA believes granting the exemption will likely achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the exemption because the drivers hold valid Swedish CDLs issued after passing knowledge and skills tests comparable to those required of U.S. CDL holders. Volvo's drivers are required to meet all applicable FMCSRs, except for having a State-issued CDL. Drivers who meet the above license testing and driver qualification standards have the experience necessary to operate these vehicles. Terms and Conditions for the Exemption After considering the comments to the docket, and based upon its evaluation of the application for an exemption, FMCSA grants 11 drivers for Volvo an exemption from the Federal commercial driver's license requirement in 49 CFR 383.23: Christer Milding, Jonas Gustafsson, Sten-Ake Sandberg, Daniel Kanebratt, Urban Walter, Dennis Mattsson, Fredrik Wattwill, Jonas Nilsson, Bjorn Nyman, Lars Johansson and David Aas. They may test drive CMVs within the U.S., subject to the following terms and conditions:
(1)That these drivers comply with the controlled substances and alcohol testing regulations under 49 CFR 382,
(2)that these drivers meet the same driver qualification and disqualification rules under 49 CFR 383 and 391 that apply to other CMV drivers in the U.S.,
(3)that these drivers keep a copy of the exemption on the vehicle at all times,
(4)that Volvo notify FMCSA in writing of any accident, as defined in 49 CFR 390.5, involving a driver covered by this exemption and,
(5)that Volvo notify FMCSA in writing if any driver is convicted of any disqualification offenses in 49 CFR 383.51 or 391.15. In accordance with 49 U.S.C. 31136 and 31315(b)(1) the exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked if:
(1)The drivers for Volvo fail to comply with the terms and conditions of the exemption;
(2)the exemption has resulted in a lower level of safety than was maintained before it was granted; or
(3)continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on May 8, 2006. Warren E. Hoemann, Acting Administrator. [FR Doc. E6-7300 Filed 5-11-06; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA-2000-7257] [Notice No. 36]; Railroad Safety Advisory Committee (RSAC); Working Group Activity Update AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Announcement of Railroad Safety Advisory Committee
(RSAC)Working Group Activities. SUMMARY: The FRA is updating its announcement of RSAC's Working Group activities to reflect its current status. FOR FURTHER INFORMATION CONTACT: Patricia Butera or Lydia Leeds, RSAC Coordinator, FRA, 1120 Vermont Avenue, NW., Mailstop 25, Washington, DC 20590,
(202)493-6212/6213 or Grady Cothen, Deputy Associate Administrator for Safety, FRA, 1120 Vermont Avenue, NW., Mailstop 25, Washington, DC 20590,
(202)493-6302. SUPPLEMENTARY INFORMATION: This notice serves to update FRA's last announcement of working group activities and status reports of December 6, 2005, (70 FR 73513). The 28th full Committee meeting was held February 22, 2006. Since its first meeting in April of 1996, the RSAC has accepted twenty-two tasks. Status for each of the tasks is provided below: Open Tasks *Task 96-4* —Reviewing the appropriateness of the agency's current policy regarding the applicability of existing and proposed regulations to tourist, excursion, scenic, and historic railroads. This Task was accepted on April 2, 1996, and a Working Group was established. The Working Group monitored the steam locomotive regulation task. Planned future activities involve the review of other regulations for possible adaptation to the safety needs of tourist and historic railroads. Contact: Grady Cothen,
(202)493-6302. *Task 97-1* —Developing crashworthiness specifications to promote the integrity of the locomotive cab in accidents resulting from collisions. This Task was accepted on June 24, 1997. On April 14, 2004, the RSAC reached consensus on the Notice of Proposed Rulemaking (NPRM). The NPRM is a new standard to increase the crashworthiness of conventional wide- and narrow-nose locomotives and codifies requirements for monocoque locomotives. On November 2, 2004, FRA published an NPRM in the **Federal Register** (69 FR 63990) proposing to establish comprehensive, minimum standards for locomotive crashworthiness. In that NPRM, FRA established a January 3, 2005, deadline for submission of written comments. FRA received a request to extend the comment period to give interested parties additional time to review, analyze, and submit comments on the NPRM. After considering the request, FRA extended the comment period until February 3, 2005. The Working Group met to review the public comments on June 27-28, 2005, and reached consensus on July 1, 2005. The Working Group's recommendations were adopted by the full Committee, by mail ballot, on August 5, 2005. The final rule was cleared by OMB; FRA is arranging publication. Contact: Charles Bielitz,
(202)493-6314 or John Punwani
(202)493-6369. *Task 97-2* —Evaluating the extent to which environmental, sanitary, and other working conditions in locomotive cabs affect the crew's health and the safe operation of locomotives, proposing standards where appropriate. This Task was accepted June 24, 1997. (Sanitation) (Completed) (Noise exposure) On June 27, 2003, the full RSAC gave consensus by ballot on the NPRM. The NPRM was published in the **Federal Register** on June 23, 2004. The comment period ended September 21, 2004. Task Force and Working Group meetings were held March 1, and March 2 and 3, 2005, respectively, to review the public comments and recommend a final rule. The Working Group reached agreement on all issues, and its report was presented to the full Committee on May 18, 2005. The final rule is in review and clearance. (Cab Temperature) (Completed) Note: Additional related topics such as vibration may be considered by the Working Group in the future. Contact: Jeffrey Horn,
(202)493-6283. *Task 03-01* —Passenger Safety. This Task was accepted on May 20, 2003, and a Working Group was established. Prior to embarking on substantive discussions of a specific task, the Working Group set forth in writing a specific description of the task. The Working Group will report any planned activity to the full Committee at each scheduled full RSAC meeting, including milestones for completion of projects and progress toward completion. At the first meeting held September 9-10, 2003, a consolidated list of issues was completed. At the second meeting held November 6-7, 2003, five task groups were established: Crashworthiness/glazing; emergency preparedness; mechanical-general issues; mechanical-safety appliances; and track/vehicle interaction. The task groups met and reported on activities for Working Group consideration at the third meeting held May 11-12, 2004, and a fourth meeting was held October 26-27, 2004. Initial recommendations on mechanical issues (revisions to 49 CFR Part 238) were approved by the full Committee on January 26, 2005. At the Working Group meeting of March 9-10, 2005, the Working Group received and approved the consensus report of the Emergency Preparedness Task Force related to emergency egress and rescue access. These recommendations were presented to and approved by the full Committee on May 18, 2005. An NPRM is now under development. The Working Group met on September 7-8, 2005, and additional, supplementary recommendations were presented to and accepted by the full RSAC on October 11, 2005. An NPRM was published in the **Federal Register** on December 8, 2005, (70 FR 73070). Public comments were due by February 17, 2006. The Working Group met on March 21-22, 2006, and tentatively agreed to establish a task force on General Passenger Safety. Contact: Charles Bielitz,
(202)493-6314. *Task 05-01* —Review of Roadway Worker Protection issues. This Task was accepted on January 26, 2005, to review 49 CFR 214, Subpart C, Roadway Worker Protection, and related sections of Subpart A; recommend consideration of specific actions to advance the on-track safety of railroad employees and contractors engaged in maintenance-of-way activities throughout the general system of railroad transportation, including clarification of existing requirements. A Working Group has been established and will report to the RSAC any specific actions identified as appropriate. The first meeting of the Working Group was held on April 12-14, 2005. The Working Group will report planned activity to the full Committee at each scheduled Committee meeting, including milestones for completion of projects and progress toward completion. The Working Group met on June 22-24, 2005, August 8-11, 2005, September 20-22, 2005, November 8-9, 2005, January 10-11, 2006, February 1-2, 2006, and March 15-16, 2006. The Working Group met on April 11-12, 2006, to prepare the proposed amendments in regulatory format for review by the Working Group in August 2006. Contact: Christopher Schulte,
(202)493-6251. *Task 05-02* —Reduce Human Factor-Caused Train Accident/Incidents. This Task was accepted on May 18, 2005, to reduce the number of human factor-caused train accidents/incidents and related employee injuries. A Working Group has been established. The Working Group will report any planned activity to the full Committee at each scheduled full RSAC meeting, including milestones for completion of projects and progress toward completion. The Working Group met on July 12-13, 2005, August 31-September 1, 2005, September 28-29, 2005, October 25-26, 2005, November 16-17, 2005, and December 6-7, 2005. The final Working Group meeting devoted to developing a proposed rule was held February 8-9, 2006. The Working Group was not able to deliver a consensus regulatory proposal, but did recommend that it be used to review comments on FRA's forthcoming NPRM, which is under development with the Working Group's discussion draft as its basis with a deadline of September 30, 2006, for publication. Contact: Douglas Taylor,
(202)493-6255. *Task 06-01* —Locomotive Safety Standards. This task was accepted on February 22, 2006, to review Title 49 CFR Part 229, Railroad Locomotive Safety Standards, and revise as appropriate. A Working Group has been established. The Working Group will report any planned activity to the full Committee at each scheduled full RSAC meeting, including milestones for completion of projects and progress toward completion. The first Working Group meeting is scheduled for May 8-10, 2006. Contact: George Scerbo,
(202)493-6249. *Task 06-02* —Track Safety Standards and Continuous Welded Rail. Section 9005 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Pub. L. 109-59, “SAFETEA-LU”), the 2005 surface transportation authorization act, requires FRA to issue requirements for inspection of joint bars in continuous welded rail
(CWR)to detect cracks that could affect the integrity of the track structure. 49 U.S.C. 20142(e). FRA published an Interim Final Rule establishing new requirements for inspections on November 2, 2005, (70 FR 66288). On October 11, 2005, FRA offered the RSAC a task to review comments on this IFR, but the conditions could not be established under which the Committee could have undertaken this with a view toward consensus. Comments on the IFR were received through December 19, 2005. FRA is reviewing the comments. On February 22, 2006, the RSAC accepted this task to review and revise the CWR related to provisions of the Track Safety Standards, with particular emphasis on reduction of derailments and consequent injuries and damage caused by defective conditions, including joint failures, in track using CWR. A Working Group has been established. The Working Group will report any planned activity to the full Committee at each scheduled full RSAC meeting, including milestones for completion of projects and progress toward completion. The first Working Group meeting was held April 3-4, 2006, at which time the Working Group reviewed comments on the IFR. The second Working Group meeting was held April 26-28, 2006. Contact: Ken Rusk,
(202)493-6236. Completed Tasks *Task 96-1* —(Completed) Revising the Freight Power Brake Regulations. *Task 96-2* —(Completed) Reviewing and recommending revisions to the Track Safety Standards (49 CFR Part 213). *Task 96-3* —(Completed) Reviewing and recommending revisions to the Radio Standards and Procedures (49 CFR Part 220). *Task 96-5* —(Completed) Reviewing and recommending revisions to Steam Locomotive Inspection Standards (49 CFR Part 230). *Task 96-6* —(Completed) Reviewing and recommending revisions to miscellaneous aspects of the regulations addressing Locomotive Engineer Certification (49 CFR Part 240). Task 96-7—(Completed) Developing Roadway Maintenance Machines (On-Track Equipment) Safety Standards. *Task 96-8* —(Completed) This Planning Task evaluated the need for action responsive to recommendations contained in a report to Congress entitled, *Locomotive Crashworthiness & Working Conditions.* *Task 97-3* —(Completed) Developing event recorder data survivability standards. Task 97-4 and *Task 97-5* —(Completed) Defining Positive Train Control
(PTC)functionalities, describing available technologies, evaluating costs and benefits of potential systems, and considering implementation opportunities and challenges, including demonstration and deployment. *Task 97-6* —(Completed) Revising various regulations to address the safety implications of processor-based signal and train control technologies, including communications-based operating systems. *Task 97-7* —(Completed) Determining damages qualifying an event as a reportable train accident. *Task 00-1* —(Completed—task withdrawn) Determining the need to amend regulations protecting persons who work on, under, or between rolling equipment and persons applying, removing or inspecting rear end marking devices (Blue Signal Protection). *Task 01-1* —(Completed) Developing conformity of FRA's regulations for accident/incident reporting (49 CFR Part 225) to revised regulations of the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor, and to make appropriate revisions to the FRA *Guide for Preparing Accident/Incident Reports* (Reporting Guide). Please refer to the notice published in the **Federal Register** on March 11, 1996, (61 FR 9740) for more information about the RSAC. Issued in Washington, DC, on May 9, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6-7299 Filed 5-11-06; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 Code of Federal Regulations Part 236 Pursuant to Title 49 Code of Federal Regulations
(CFR)part 235 and 49 U.S.C. 20502(a), the following railroad has petitioned the Federal Railroad Administration
(FRA)seeking approval for the discontinuance or modification of the signal system or relief from the requirements of 49 CFR part 236 as detailed below. Docket No. FRA-2006-24528 Applicant: CSX Transportation, Incorporated, Mr. C.M. King, Chief Engineer, Communications and Signals, 500 Water Street, SC J-350, Jacksonville, Florida 32202. CSX Transportation, Incorporated
(CSXT)seeks approval of the proposed modification of the traffic control system on the single main track, at milepost BE 65.65, near Vandalia, Ohio, and milepost BE 87.26, near Piqua, Ohio, on the Toledo Subdivision, Louisville Division. The proposed changes consist of the discontinuance and removal of the electric locks from the two independently operated derails, and are associated with the installation of shunt and break type circuits to open the signal control circuits when the derails are not in the derailing position. The reason given for the proposed changes is that the modification will allow these locations to comply with present CSXT standards for independently operated derails.Any interested party desiring to protest the granting of an application shall set forth specifically the grounds upon which the protest is made, and include a concise statement of the interest of the party in the proceeding. Additionally, one copy of the protest shall be furnished to the applicant at the address listed above. All communications concerning this proceeding should be identified by the docket number and must be submitted to the Docket Clerk, DOT Central Docket Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590-0001. Communications received within 45 days of the date of this notice will be considered by the FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.-5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility's Web site at *http://dms.dot.gov* . FRA wishes to inform all potential commenters that 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 (Volume 65, Number 70; Pages 19477-78) or you may visit *http://dms.dot.gov* . FRA expects to be able to determine these matters without an oral hearing. However, if a specific request for an oral hearing is accompanied by a showing that the party is unable to adequately present his or her position by written statements, an application may be set for public hearing. Issued in Washington, DC on May 9, 2006. Grady C. Cothen, Jr. , Deputy Associate Administrator for Safety, Standards and Program Development. [FR Doc. E6-7290 Filed 5-11-06; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 Code of Federal Regulations Part 236 Pursuant to Title 49 Code of Federal Regulations
(CFR)Part 235 and 49 U.S.C. 20502(a), the following railroad has petitioned the Federal Railroad Administration
(FRA)seeking approval for the discontinuance or modification of the signal system or relief from the requirements of 49 CFR Part 236 as detailed below. Docket Number FRA-2006-24529 *Applicant:* CSX Transportation, Incorporated, Mr. C.M. King, Chief Engineer, Communications and Signals, 500 Water Street, SC J-350, Jacksonville, Florida 32202. CSX Transportation, Incorporated
(CSXT)seeks approval of the proposed modification of the traffic control system on the two main tracks, near milepost BE 22.60, in Cincinnati, Ohio, on the Cincinnati Terminal Subdivision, Louisville Division. The proposed changes consist of the discontinuance and removal of three electric locks from independently operated derails “M” and “N,” and inside crossover switch “G.” The proposed changes are associated with the installation of shunt and break type circuits to open the signal control circuits when the derails are not in the derailing position, or if the inside switch is not in the normal position. The reason given for the proposed changes is that the modification will allow these switch locations to comply with present CSXT standards for independently operated derails and the inside switch of a crossover between a main track and a yard track. Any interested party desiring to protest the granting of an application shall set forth specifically the grounds upon which the protest is made, and include a concise statement of the interest of the party in the proceeding. Additionally, one copy of the protest shall be furnished to the applicant at the address listed above. All communications concerning this proceeding should be identified by the docket number and must be submitted to the Docket Clerk, DOT Central Docket Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590-0001. Communications received within 45 days of the date of this notice will be considered by the FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.-5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the internet at the docket facility's Web site at *http://dms.dot.gov* . FRA wishes to inform all potential commenters that 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 (Volume 65, Number 70; Pages 19477-78) or you may visit *http://dms.dot.gov* . FRA expects to be able to determine these matters without an oral hearing. However, if a specific request for an oral hearing is accompanied by a showing that the party is unable to adequately present his or her position by written statements, an application may be set for public hearing. Issued in Washington, DC on May 9, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6-7291 Filed 5-11-06; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 Code of Federal Regulations Part 236 Pursuant to Title 49 Code of Federal Regulations
(CFR)part 235 and 49 U.S.C. 20502(a), the following railroad has petitioned the Federal Railroad Administration
(FRA)seeking approval for the discontinuance or modification of the signal system or relief from the requirements of 49 CFR part 236 as detailed below. Docket No. FRA-2006-24530 *Applicant:* CSX Transportation, Incorporated, Mr. C. M. King, Chief Engineer, Communications and Signals, 500 Water Street, SC J-350, Jacksonville, Florida 32202. CSX Transportation, Incorporated seeks approval of the proposed modification of the traffic control system on the single main track, at South Gillespie, South Carolina, milepost S280.20, on the Hamlet Subdivision, Florence Division. The proposed changes consist of the conversion of the power-operated switch to hand operation, and the discontinuance and removal controlled signal RB94. The reason given for the proposed changes is that current operation at this location, no longer warrants the retention of a power-operated switch. Any interested party desiring to protest the granting of an application shall set forth specifically the grounds upon which the protest is made, and include a concise statement of the interest of the party in the proceeding. Additionally, one copy of the protest shall be furnished to the applicant at the address listed above. All communications concerning this proceeding should be identified by the docket number and must be submitted to the Docket Clerk, DOT Central Docket Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590-0001. Communications received within 45 days of the date of this notice will be considered by the FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.-5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the internet at the docket facility's Web site at *http://dms.dot.gov.* FRA wishes to inform all potential commenters that 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 (Volume 65, Number 70; Pages 19477-78) or you may visit *http://dms.dot.gov.* FRA expects to be able to determine these matters without an oral hearing. However, if a specific request for an oral hearing is accompanied by a showing that the party is unable to adequately present his or her position by written statements, an application may be set for public hearing. Issued in Washington, DC, on May 9, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6-7298 Filed 5-11-06; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 Code of Federal Regulations Part 236 Pursuant to Title 49 Code of Federal Regulations
(CFR)Part 235 and 49 U.S.C. 20502(a), the following railroad has petitioned the Federal Railroad Administration
(FRA)seeking approval for the discontinuance or modification of the signal system or relief from the requirements of 49 CFR Part 236 as detailed below. Docket Number FRA-2006-24563 *Applicant:* Long Island Rail Road, Mr. Brian J. Finn, Chief Engineer, Hillside Maintenance Complex, 93-59 183 Street, Hollis, New York 11423. The Long Island Rail Road Company
(LIRR)seeks relief from the requirements of the Rules, Standard and Instructions, Title 49 CFR, Part 236, § 236.51, Track circuit requirements, to the extent that the LIRR be permitted to utilize single rail track circuits which do not provide for broken rail protection, in the vicinity of a new LIRR terminal called East Side Access (ESA). The ESA Project is a new rail and tunnel connection being developed, which will operate from existing Harold Interlocking, located in Long Island City, Queens, New York, extending approximately 3.5 miles into a new eight track terminal at Grand Central Terminal (GCT), in New York City, New York. There is a total of 36 specified track circuits involved. Applicant's justification for relief:
(1)The track speed for these circuits will be restricted to 15 mph.
(2)The track in this area will be inspected, a minimum of twice per week, for evidence of broken rail.
(3)The cost to provide broken rail protection in the area is estimated to cost $30 million, due to the necessary installation of reactors in the negative return circuits. These reactors are necessary for LIRR's double rail track circuits in DC propulsion territory, to prevent leakage current from adjoining track circuits from keeping track relays energized, in the event of a broken rail.
(4)The installation of broken rail reactors would have an effect on the tunnel construction and the environmental impact study (EIS), due to increased ventilation plant requirements for the reactors. Any interested party desiring to protest the granting of an application shall set forth specifically the grounds upon which the protest is made, and contain a concise statement of the interest of the party in the proceeding. Additionally, one copy of the protest shall be furnished to the applicant at the address listed above. All communications concerning this proceeding should be identified by the docket number and must be submitted to the Docket Clerk, DOT Central Docket Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590-0001. Communications received within 45 days of the date of this notice will be considered by the FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.-5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the internet at the docket facility's Web site at *http://dms.dot.gov.* FRA wishes to inform all potential commenters that 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 (Volume 65, Number 70; Pages 19477-78) or you may visit *http://dms.dot.gov.* FRA expects to be able to determine these matters without an oral hearing. However, if a specific request for an oral hearing is accompanied by a showing that the party is unable to adequately present his or her position by written statements, an application may be set for public hearing. Issued in Washington, DC on May 9, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6-7289 Filed 5-11-06; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System or Relief From the Requirements of Title 49 Code of Federal Regulations Part 236 Pursuant to Title 49 Code of Federal Regulations
(CFR)part 235 and 49 U.S.C. 20502(a), the following railroads have petitioned the Federal Railroad Administration
(FRA)seeking approval for the discontinuance or modification of the signal system or relief from the requirements of 49 CFR part 236 as detailed below. Docket No. FRA-2006-24326 *Applicants:* Union Pacific Railroad Company, Mr. W.E. Wimmer, Vice President—Engineering, 1400 Douglas Street, Mail Stop 0910, Omaha, Nebraska 68179. Canadian Pacific Railway, Mr. Robert R. Otis, Manager Signal and Communication, Metro 94 Business Center, 425 Etna Street—Suite 38, St. Paul, Minnesota 55106. The Union Pacific Railroad Company
(UP)and the Canadian Pacific Railway jointly seek approval of the proposed discontinuance and removal of the rail locks on Bridge 15, located at milepost 2.4, on the UP Mankato Subdivision, near St. Paul, Minnesota. The reason given for the proposed changes is that the remaining appliances on Bridge 15 provide the required protection. Any interested party desiring to protest the granting of an application shall set forth specifically the grounds upon which the protest is made, and contain a concise statement of the interest of the party in the proceeding. Additionally, one copy of the protest shall be furnished to the applicant at the address listed above. All communications concerning this proceeding should be identified by the docket number and must be submitted to the Docket Clerk, DOT Central Docket Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590-0001. Communications received within 45 days of the date of this notice will be considered by the FRA before final action is taken. Comments received after that date will be considered as far as practicable. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.-5 p.m.) at the above facility. All documents in the public docket are also available for inspection and copying on the internet at the docket facility's Web site at *http://dms.dot.gov.* FRA wishes to inform all potential commenters that 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 (Volume 65, Number 70; Pages 19477-78) or you may visit *http://dms.dot.gov.* FRA expects to be able to determine these matters without an oral hearing. However, if a specific request for an oral hearing is accompanied by a showing that the party is unable to adequately present his or her position by written statements, an application may be set for public hearing. Issued in Washington, DC on May 9, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety, Standards and Program Development. [FR Doc. E6-7296 Filed 5-11-06; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [NHTSA-2006-23700] Reports, Forms, and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), this notice announces that the Information Collection Request
(ICR)abstracted below has been forwarded to the Office of Management and Budget
(OMB)for review and comment. The ICR describes the nature of the information collections and their expected burden. The **Federal Register** Notice with a 60-day comment period was published on March 2, 2006 (71 FR 10753). DATES: Comments must be received on or before June 12, 2006. FOR FURTHER INFORMATION CONTACT: Allison Rusnak, Office of Chief Counsel, NCC-110, telephone
(202)366-1834, fax
(202)366-3820; NHTSA, 400 Seventh Street, SW., Washington, DC 20590. SUPPLEMENTARY INFORMATION: *Title:* Motorcyclist Safety Grant Program. *OMB Control Number:* N/A. *Requested Expiration Date of Approval:* Three years from the approval date. *Type of Request:* New collection. *Affected Public:* State Governments. *Form Number:* HS-217. *Abstract:* Section 2010 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, authorizes a grant program for States that adopt and implement effective motorcycle safety programs. Eligibility for the section 2010 grants is based on 6 grant criteria:
(1)Motorcycle Rider Training Courses;
(2)Motorcyclists Awareness Program;
(3)Reduction of Fatalities and Crashes Involving Motorcycles;
(4)Impaired Driving Program;
(5)Reduction of Fatalities and Accidents Involving Impaired Motorcyclists; and
(6)Fees Collected from Motorcyclists. To qualify for a section 2010 grant for the first fiscal year the State seeks to qualify, it must demonstrate compliance with at least 1 of the 6 grant criteria. To qualify for a section 2010 grant for the second and subsequent fiscal years it seeks to qualify, a State must demonstrate compliance with at least 2 of the 6 grant criteria. The information collected for this grant program is to include application submissions and various reporting requirements. A State that seeks to qualify in the first fiscal year must submit an application containing information demonstrating that it satisfies 1 of the 6 grant criteria. For the second and subsequent fiscal years that it seeks to qualify, a State must submit an application containing information demonstrating that it satisfies 2 of the 6 grant criteria. A State's application would identify under which of the 6 grant criteria it intends to qualify for a section 2010 grant. With respect to each of the criteria selected, the proposed rule would require certain submissions from the State. A State that receives grant funds also must indicate to NHTSA how it intends to expend grant funds for each fiscal year and how grant funds were expended each fiscal year. It is important for NHTSA to be notified about these activities so that it can effectively administer the grant program and account for the expenditure of funds. To reduce burdens, A State will document these activities largely by making use of mechanisms that have received PRA clearance for other similar highway safety programs. A State will first notify NHTSA of its obligation of funds in accordance with the applicable provisions of SAFETEA-LU by submitting a Program Cost Summary (HS-217), a form with existing PRA clearance, within 30 days of the award notification. A State will also report to NHTSA, as part of its annual Highway Safety Plan under 23 U.S.C. 402, on how it intends to expend grant funds for each fiscal year. This reporting requirement, however, will not be a significant extra burden for the States because they are already required by statute to submit an annual Highway Safety Plan. Finally, a State that receives grants funds must submit each fiscal year, as part of the Annual Report for its highway safety program pursuant to 23 CFR 1200.33, a report indicating how grant funds were expended and identifying the programs carried out with the grant funds. Again, this reporting requirement will not be a significant extra burden for the States because they are already required by regulation to submit an Annual Report for their highway safety program. *Estimated Annual Burden:* 1,560 hours. *Estimated Number of Respondents:* 52 (fifty States, the District of Columbia, and Puerto Rico). ADDRESSES: Send comments, within 30 days, to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, Attention NHTSA Desk Officer. *The comments are invited on:* Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Issued on May 8, 2006. John Donaldson, Assistant Chief Counsel for Legislation and General Law. [FR Doc. E6-7234 Filed 5-11-06; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [NHTSA-2006-24701] Reports, Forms, and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), this notice announces that the Information Collection Request
(ICR)abstracted below has been forwarded to the Office of Management and Budget
(OMB)for review and comment. The ICR describes the nature of the information collections and their expected burden. The **Federal Register** Notice with a 60-day comment period was published on February 27, 2006 (71 FR 9859). DATES: Comments must be received on or before June 12, 2006. FOR FURTHER INFORMATION CONTACT: David Bonelli, Office of Chief Counsel, NCC-110, telephone
(202)366-1834, fax
(202)366-3820; NHTSA, 400 Seventh Street, SW., Washington, DC 20590. SUPPLEMENTARY INFORMATION: *Title:* Grant Program to Prohibit Racial Profiling, State Traffic Safety Information System Improvements, and Child Safety and Child Booster Seat Incentive Grants. *OMB Control Number:* N/A. *Requested Expiration Date of Approval:* Three years from the approval date. *Type of Request:* New collection. *Affected Public:* State Governments. *Form Number:* HS-217 *Abstract:* The Safe, Accountable, Flexible, Efficient Transportation Equity Act—A Legacy for Users (SAFETEA-LU), Public Law 109-59, authorizes several grant programs covering fiscal years
(FY)2006-2009, to be administered by the National Highway Traffic Safety Administration (NHTSA). Section 1906 authorizes a grant program for States that enact and enforce a law that prohibits the use of racial profiling in the enforcement of traffic laws on Federal-aid highways. To be eligible for a grant, a State must have such a law and maintain and allow public inspection of statistical information for each motor vehicle stop in the state showing the race and ethnicity of the driver and any passengers. A State may also receive a grant if it provides assurances satisfactory to the Secretary of Transportation that the State is undertaking activities that will lead to compliance with the requirements of this section. Section 2006 authorizes a grant program to support the development and implementation of State traffic safety information systems. The program provides grants to eligible States to support the development of effective programs to improve State traffic safety data and the compatibility and interoperability of State data systems with national and State data systems. Section 2011 authorizes a grant program for child safety seats and child booster seats. The program provides grant funds to States that enforce a law requiring that all children under the age of 8 be secured in a child restraint meeting applicable Federal motor vehicle safety standards. The information collected for these grant programs is to include various reporting requirements. A State that receives grant funds must indicate to NHTSA how it intends to obligate and expend grant funds for each fiscal year, and how grant funds were expended and spent each fiscal year. It is important for NHTSA to be notified about these activities so that it can effectively administer the programs and account for the expenditure of funds. To reduce burdens, A State will document these activities largely by making use of mechanisms that have received PRA clearance for other similar highway safety programs. A State will first notify NHTSA of its obligation of funds in accordance with the applicable provisions of SAFETEA-LU by submitting a Program Cost Summary (HS-217), a form with existing PRA clearance, within 30 days of the award notification. A State will also report to NHTSA, as part of its annual Highway Safety Plan under 23 U.S.C. 402, on how it intends to obligate and expend grant funds for each fiscal year. This reporting requirement, however, will not be a significant extra burden for the States because they are already required by statute to submit an annual Highway Safety Plan. Finally, a State that receives grants funds must submit each fiscal year, as part of the Annual Report for its highway safety program pursuant to 23 CFR 1200.33, a report indicating how grant funds were expended and identifying the programs carried out with the grant funds. Again, this reporting requirement will not be a significant extra burden for the States because they are already required by regulation to submit an Annual Report for their highway safety program. In addition, for the Section 2011 program, this report is required by provisions of SAFETEA-LU. *Estimated Annual Burden:* 5,130. *Estimated Number of Respondents:* 52 (fifty States, the District of Columbia, and Puerto Rico) for Child Safety and Child Booster Seat Incentive Grants; 56 (fifty States, District of Columbia, Puerto Rico, Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) for Grant Program to Prohibit Racial Profiling; and 57 (fifty States, District of Columbia, Puerto Rico, Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Bureau of Indian Affairs) for the State Traffic Safety Information System Improvements. ADDRESSES: Send comments, within 30 days, to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, Attention NHTSA Desk Officer. *The Comments are invited on:* Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Issued on: May 8, 2006. John Donaldson, Assistant Chief Counsel for Legislation and General Law. [FR Doc. E6-7235 Filed 5-11-06; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Safety; Notice of Applications for Modification of Special Permit AGENCY: Pipeline and Hazardous Materials Safety Administration, DOT. ACTION: List of applications for modification of special permit. SUMMARY: In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier **Federal Register** publications, they are not repeated here. Request of modifications of special permits (e.g., to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix “M” demote a modification request. There applications have been separated from the new application for special permits to facilitate processing. DATES: Comments must be received on or before May 30, 2006. *Address Comments to:* Record Center, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Washington, DC 20590. Comments should refer to the application number and submitted in triplicate. If Confirmation of receipt of comments is desired, include a self-addressed stamped postcard showing the special permit number. FOR FURTHER INFORMATION CONTACT: Copies of the applications are available for inspection in the Records Center, Nassif Building, 400 7th Street SW., Washington DC or at *http://dms.dot.gov.* This notice of receipt of applications for modification of special permit is published in accordance with Part 107 of the Federal hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)). Issued in Washington, DC, on May 08, 2006. R. Ryan Posten, Chief, Special Permits Program, Office of Hazardous Materials, Special Permits & Approvals. Modification Special Permits Application no. Docket no. Applicant Regulation(s) affected Modification of special permit Nature of special permit thereof 11947-M 2901 Patts Fabrication, Inc. 49 CFR 173.202; 173.203; 173.241; 173.242 11947 To modify the special permit to authorize the transportation of additional Class 3 and 8 material in non-DOT specification containers. 11966-M 2990 FMC Corporation 49 CFR 173.31(b)(6)(i) 11966 To modify the special permit to authorize extending the service life of a select group of tank cars fitted with half head shields. 12405-M 6766 Air Products and Chemicals, Inc 49 CFR 173.304(a)(2); 173.304(b) 12405 To modify the special permit to authorize higher fill densities for Hydrogen Chloride in DOT specification cylinders with service pressure ratings of 2400 and 2265 psig. 13601-M 18713 DS Containers 49 CFR 173.306(b)(1); 175.3 13601 To modify the special permit to authorize the use of an alternative non-DOT specification inner non-refillable container and revised procedures for testing an approved lot. [FR Doc. 06-4479 Filed 5-11-06; 8:45 am]
Connectionstraces to 10
23 references not yet in our index
  • Pub. L. 109-59
  • 119 Stat. 1144
  • 49 CFR 381.315
  • 49 CFR 383.23
  • 49 CFR 382
  • 49 CFR 383
  • 49 CFR 390.5
  • 49 CFR 383.51
  • 49 CFR 238
  • 49 CFR 214
  • 49 CFR 229
  • 49 CFR 213
  • 49 CFR 220
  • 49 CFR 230
  • 49 CFR 240
  • 49 CFR 225
  • 49 CFR 236
  • 49 CFR 107
  • 49 CFR 1.53(b)
  • 49 CFR 173.202
  • 49 CFR 173.31(b)(6)(i)
  • 49 CFR 173.304(a)(2)
  • 49 CFR 173.306(b)(1)
Citation graph
cites case law
Notices
Notice
U.S.C.§ 14504a
U.S.C.§ 13902
U.S.C.§ 31315
U.S.C.§ 31136
U.S.C.§ 20142
U.S.C.§ 20502
U.S.C.§ 3501
U.S.C.§ 402
C.F.R.§ 1200.33
Pub. L.Pub. L. 109-59
Stat.119 Stat. 1144
Cite49 CFR 381.315
Cites 33 · showing 12Cited by 0 across 0 sources
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