30-day comments request Federal Register notice

PRA-2126-0015-30dayFR.PUBLISHED.032008.pdf

Designation of Agents, Motor Carriers, Brokers and Freight Forwarders

30-day comments request Federal Register notice

OMB: 2126-0015

Document [pdf]
Download: pdf | pdf
Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices
Type of Request: New collection.
OMB Control Number: 2120–XXXX.
Form(s): There are no FAA forms
associated with this collection.
Affected Public: A total of 12,000
respondents.
Frequency: The information is
collected annually.
Estimated Average Burden per
Response: Approximately 1 hour per
response.
Estimated Annual Burden Hours: An
estimated 12,000 hours annually.
Abstract: This project involves the
random and representative sampling of
Flight Attendants currently employed
by U.S. air carriers. The goal of this
effort is to identify the type of fatigue
that flight attendants experience, the
frequency with which they experience
fatigue, and the consequences fatigue
may have on the safety of U.S. air
carriers. The results obtained from this
survey are intended to provide
information to FAA policy makers
regarding flight attendant rest and duty
time.
Send comments to the FAA
at the following address: Ms. Carla
Mauney, Room 712, Federal Aviation
Administration, IT Enterprises Business
Services Division, AES–200, 800
Independence Ave., SW., Washington,
DC 20591.
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 estimates 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.

ADDRESSES:

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Issued in Washington, DC, on March 13,
2008.
Carla Mauney,
FAA Information Collection Clearance
Officer, IT Enterprises Business Services
Division, AES–200.
[FR Doc. E8–5576 Filed 3–19–08; 8:45 am]
BILLING CODE 4910–13–M

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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2008–0049]

Agency Information Collection
Activities; Revision of a Currently
Approved Information Collection:
Designation of Agents, Motor Carriers,
Brokers and Freight Forwarders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
information.
AGENCY:

SUMMARY: In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for
review and approval. The FMCSA
requests approval to revise an existing
information collection (IC) entitled
‘‘Designation of Agents, Motor Carriers,
Brokers and Freight Forwarders,’’ which
is used to provide registered motor
carriers, property brokers, and freight
forwarders a means of meeting process
agent requirements. On December 26,
2007, FMCSA published a Federal
Register notice allowing for a 60-day
comment period on the ICR. No
comments were received on the ICR.
DATES: Please send your comments by
April 21, 2008. OMB must receive your
comments by this date in order to act
quickly on the ICR.
ADDRESSES: All comments should
reference DOT Docket No. FMCSA–
2008–0049. You may submit comments
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget, 725
Seventeenth Street, NW., Washington,
DC 20503, Attention: DOT/FMCSA Desk
Officer.
FOR FURTHER INFORMATION CONTACT: Ms.
Loretta G. Bitner, Commercial
Enforcement (MC–ECC), Department of
Transportation, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
Telephone: 202–385–2400. Office hours
are from 8 a.m. to 4:30 p.m. EST,
Monday through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION:
Title: Designation of Agents, Motor
Carriers, Brokers and Freight
Forwarders.
OMB Control Number: 2126–0015.
Type of Request: Revision of a
currently-approved information
collection.
Respondents: Motor carriers, freight
forwarders and brokers.

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Estimated Number of Respondents:
89,000.
Estimated Time per Response: 10
minutes.
Expiration Date: April 30, 2008.
Frequency of Response: The Form
BOC–3 must be filed by all for-hire
motor carriers and freight forwarders
when the transportation entity first
registers with the FMCSA. All brokers
are required to file the Form BOC–3 as
necessary and make a designation for
each State in which it has an office or
in which contracts will be written.
Subsequent filings are made only if the
motor carrier, broker or freight
forwarder changes process agents.
Estimated Total Annual Burden:
14,833 hours [89,000 Form BOC–3
filings per year × 10 minutes/60 minutes
to complete form = 14,833 hours].
Background: The Secretary of
Transportation (Secretary) is authorized
to register for-hire motor carriers of
regulated commodities under the
provisions of 49 U.S.C. 13902; freight
forwarders under the provisions of 49
U.S.C. 13903; and property brokers
under provisions of 49 U.S.C. 13904.
These entities may conduct
transportation services only if they are
registered pursuant to 49 U.S.C. 13901.
The Secretary has delegated authority
pertaining to these registration
requirements to the FMCSA.
Registered motor carriers (including
private carriers) and freight forwarders
must designate: (1) An agent on whom
service of notices in proceedings before
the Secretary may be made (49 U.S.C.
13303); and (2) for every State in which
they are authorized to operate and every
State traversed in the United States
during such operations, agents on whom
process issued by a court may be served
in actions brought against the registered
transportation entity (49 U.S.C. 13304).
Every broker shall make a designation
for each State in which its offices are
located or in which contracts will be
written. Regulations governing the
designation of process agents are found
at 49 CFR part 366, entitled
‘‘Designation of Process Agent.’’ This
designation is filed with the FMCSA on
Form BOC–3, ‘‘Designation of Agent for
Service of Process.’’
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the FMCSA to perform its
functions; (2) the accuracy of the
estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without

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Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices

reducing the quality of the collected
information.
Issued On: March 12, 2008.
Terry Shelton,
Associate Administrator for Research and
Information Technology.
[FR Doc. E8–5640 Filed 3–19–08; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2008–0036]

Commercial Driver’s License (CDL)
Standards; Rotel North American
Tours, LLC; Application for Exemption
and Request for Comments
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.

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AGENCY:

SUMMARY: FMCSA announces that Rotel
North American Tours, LLC (Rotel) has
applied for exemption from the
Agency’s requirement that drivers of
certain commercial motor vehicles
(CMVs) possess a valid commercial
driver’s license (CDL). Rotel has
requested this exemption for 22 German
bus drivers who would transport
German tourists in the United States by
means of Rotel’s specially equipped
passenger-carrying CMVs. Rotel hires
the bus drivers to conduct the tours in
addition to operating the CMVs. Rotel
previously was able to conduct these
operations without exemption because
its drivers had been able to obtain (and
renew) non-resident CDLs from certain
States. However, because of the recent
emphasis upon security in the U.S.,
Rotel reports that no State currently
issues non-resident CDLs. Rotel believes
these drivers possess the knowledge and
skills necessary to ensure a level of
safety that is equivalent to, or greater
than, the level of safety that would be
obtained by complying with the U.S.
requirement for a CDL. FMCSA requests
public comment on the Rotel
application for exemption.
DATES: Comments must be received on
or before April 21, 2008.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
2008–0036 by any of the following
methods:
• Web site: http://
www.regulations.gov. Follow the
instructions for submitting comments
on the Federal electronic docket site.
• Fax: 1–202–493–2251.

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• 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. For detailed instructions on
submitting comments and additional
information on the exemption process,
see the Public Participation heading
below. Note that all comments received
will be posted without change to http://
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 http://
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
19476) or you may visit http://
www.regulations.gov.
Public participation: The http://
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 http://www.regulations.gov Web
site and also at the DOT’s http://
docketsinfo.dot.gov Web site. If you
want us to notify you that we received
your comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments online.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert F. Schultz, Jr., FMCSA Driver
and Carrier Operations Division, Office
of Bus and Truck Standards and
Operations. Telephone: 202–366–4325.
E-mail: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation
Equity Act for the 21st Century (Pub. L.

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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 results of any safety
analyses that have been conducted. 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(a)).
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 being granted. The
notice must also specify the effective
period of the exemption (up to 2 years),
and explain the terms and conditions of
the exemption. The exemption may be
renewed (49 CFR 381.300(b)).
Request for Exemption
Rotel, headquartered in Terre Haute,
Indiana, is engaged in conducting bus
tours of the United States for Europeans.
It currently has 22 bus drivers and 11
customized buses dedicated to these
operations. The buses qualify as
passenger commercial motor vehicles
(CMVs) as defined in section 383.5 of
the Federal Motor Carrier Safety
Regulations (FMCSRs) (49 CFR 350 et.
seq.); therefore, the operators of the
buses must possess a valid commercial
driver’s license (CDL) (49 CFR 383.110)
with passenger endorsement (49 CFR
383.93).
Rotel drivers operate the buses and
deliver oral commentary during the trip.
Rotel prefers to use native German
drivers to conduct the tours. It tried to
use non-native Germans who were
fluent in German, but states that the
quality of its service was affected
adversely.
Rotel’s drivers hold German CDLs, but
these are not recognized in the U.S.
Until recently, the German drivers could
obtain (and renew) a non-resident CDL
in one of several States of the U.S.
However, because of the recent
heightening of security in the U.S., no
State currently issues or renews nonresident CDLs. Therefore, Rotel’s drivers

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File Typeapplication/pdf
File TitleDocument
SubjectExtracted Pages
AuthorU.S. Government Printing Office
File Modified2008-03-20
File Created2008-03-20

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