60-day Federal Register Notice

Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Notices
DEPARTMENT OF TRANSPORTATION
Office of the Secretary

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Notice of Applications for Certificates
of Public Convenience and Necessity
and Foreign Air Carrier Permits Filed
Under Subpart B (formerly Subpart Q)
During the Week Ending August 4,
2006
The following Applications for
Certificates of Public Convenience and
Necessity and Foreign Air Carrier
Permits were filed under Subpart B
(formerly Subpart Q) of the Department
of Transportation’s Procedural
Regulations (See 14 CFR 301.201 et.
seq.). The due date for Answers,
Conforming Applications, or Motions
To Modify Scope are set forth below for
each application. Following the Answer
period DOT may process the application
by expedited procedures. Such
procedures may consist of the adoption
of a show-cause order, a tentative order,
or in appropriate cases a final order
without further proceedings.
Docket Number: OST–1996–1371.
Date Filed: August 1, 2006.
Due Date for Answers, Conforming
Applications, or Motion To Modify
Scope: August 22, 2006.
Description: Application of Delta Air
Lines, Inc. requesting renewal of its
certificate authority to engage in
scheduled foreign air transportation of
persons, property and mail between the
terminal point Atlanta, GA, and the
coterminal points Madrid, Barcelona,
Malaga and Palma de Mallorca, Spain
which are foreign points named on
segment 5 of Delta’s certificate for Route
178.
Docket Number: OST–2001–9855.
Date Filed: August 1, 2006.
Due Date for Answers, Conforming
Applications, or Motion To Modify
Scope: August 22, 2006.
Description: Application of Delta Air
Lines, Inc. requesting renewal of its
certificate authority to provide foreign
air transportation of persons, property
and mail between the United States and
Athens, Greece, which is a foreign point
named on segments 3 and 9 of Delta’s
certificate for Route 616.
Docket Number: OST–2004–19617.
Date Filed: August 3, 2006.
Due Date for Answers, Conforming
Applications, or Motion To Modify
Scope: August 24, 2006.
Description: Application of EOS
Airlines, Inc. requesting that its
certificate for public convenience and
necessity be amended by adding an
additional route ‘‘between the United
States via intermediate points, on the
one hand, and Switzerland and beyond,

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on the other hand’’ and that it be
designated to serve the United StatesSwitzerland market under the bilateral.
Docket Number: OST–2006–25562.
Date Filed: August 3, 2006.
Due Date for Answers, Conforming
Applications, or Motion To Modify
Scope: August 24, 2006.
Description: Application of Jordan
International Air Cargo requesting an
exemption and a foreign air carrier
permit authorizing it to provide the
following service: (1) Charter foreign air
transportation of persons, property and
mail between any point or points in
Jordan and any point or points in the
United States; and between any point or
points in the United States and any
point or points in third country or
countries, provided that such service
constitutes part of a continuous
operation, with or without a change of
aircraft, that includes air service to
Jordan for the purpose of carrying local
traffic between Jordan and the United
States; and (2) other charters between
third countries and the United States.
Renee V. Wright,
Program Manager, Docket Operations,
Federal Register Liaison.
[FR Doc. E6–13880 Filed 8–21–06; 8:45 am]
BILLING CODE 4910–9X–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–25586]

Agency Information Collection
Activities; Request for Comment;
Renewal of an Information Collection:
Financial Responsibility for Motor
Carriers of Passengers and Motor
Carriers of Property
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

SUMMARY: The FMCSA invites
comments on its plan to request the
Office of Management and Budget’s
(OMB) approval to renew an existing
information collection. This information
collection renewal will be used to
assure that motor carriers of property
and passengers maintain appropriate
levels of financial responsibility to
operate on public highways. This notice
is required by the Paperwork Reduction
Act of 1995.
DATES: Comments must be submitted on
or before October 23, 2006.
ADDRESSES: All comments should
reference Docket No. FMCSA–2006–

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48967

25586. You may mail or hand deliver
comments to the U.S. Department of
Transportation, Dockets Management
Facility, Room PL–401, 400 Seventh
Street, SW., Washington, DC 20590;
telefax comments to 202/493–2251; or
submit electronically at http://
dms.dot.gov. You may examine and
copy all comments received at the above
address between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. If you desire your comment to
be acknowledged, you must include a
self-addressed stamped envelope or
postcard or, if you submit your
comments electronically, you may print
the acknowledgment.
FOR FURTHER INFORMATION CONTACT: Ms.
Stephanie Haller, Commercial
Enforcement, phone (202) 385–2362;
FAX (202) 385–2422; or e-mail
stephanie.haller@fmcsa.dot.gov; Federal
Motor Carrier Safety Administration,
DOT, 400 Seventh Street, SW.,
Washington, DC 20590. Office hours are
from 8 a.m. to 4:30 p.m., Monday
through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION:
Title: Financial Responsibility for
Motor Carriers of Passengers and Motor
Carriers of Property.
OMB Control No: 2126–0008.
Background: The Secretary of
Transportation is responsible for
implementing regulations which
establish minimal levels of financial
responsibility for: (1) For-hire motor
carriers of property to cover public
liability, property damage, and
environmental restoration, and (2) forhire motor carriers of passengers to
cover public liability and property
damage. The Endorsement for Motor
Carrier Policies of Insurance for Public
Liability (Forms MCS–90/90B) and the
Motor Carrier Public Liability Surety
Bond (Forms MCS–82/82B) contain the
minimum amount of information
necessary to document that a motor
carrier of property or passengers has
obtained, and has in effect, the
minimum levels of financial
responsibility as set forth in applicable
regulations (motor carriers of property—
49 CFR 387.9; and motor carrier of
passengers—49 CFR 387.33). FMCSA
and the public can verify that a motor
carrier of property or passengers has
obtained, and has in effect, the required
minimum levels of financial
responsibility, by use of the information
embraced within these documents.
Respondents: Insurance and surety
companies of motor carriers of property
(Forms MCS–90 and MCS–82) and
motor carriers of passengers (Forms
MCS–90B and MCS–82B).

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Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Notices

Frequency: Upon creation, change, or
replacement of an insurance policy or
surety bond.
Estimated Average Burden per
Response: The FMCSA estimates it takes
two minutes to complete the
Endorsement for Motor Carrier Policies
of Insurances for Public Liability or the
Motor Carrier Public Liability Surety
Bond; one minute to file the Motor
Carrier Public Liability Surety Bond;
and one minute to place either
document on board the vehicle (foreigndomiciled motor carriers only). These
endorsements are maintained at the
motor carrier’s principal place of
business (49 CFR 387.7 (iii) (d)).
Estimated Total Annual Burden
Hours: 4,529 hours (4,528.84 rounded to
nearest hour) [151.44 hours for motor
carriers of passengers + 4,377.40 hours
for motor carriers of property =
4,528.84].
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the FMCSA’s performance;
(2) the accuracy of the estimated
burden; (3) ways for the FMCSA to
enhance the quality, usefulness, and
clarity of the collected information; and
(4) ways that the burden could be
minimized without reducing the quality
of the collected information. The agency
will summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
Issued on August 15, 2006.
John H. Hill,
Administrator.
[FR Doc. E6–13794 Filed 8–21–06; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration, DOT.
ACTION: Notice and Request For
Comments.

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AGENCY:

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 collection
and its expected burden. The Federal
Register notice with a 60-day comment

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period soliciting comments on the
following collection of information was
published on June 16, 2006 (71 FR
34990).
DATES: Comments must be submitted on
or before September 21, 2006.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Office of Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1120 Vermont
Ave., NW., Mail Stop 17, Washington,
DC 20590 (telephone: (202) 493–6292),
or Gina Christodoulou, Office of
Support Systems, RAD–20, Federal
Railroad Administration, 1120 Vermont
Ave., NW., Mail Stop 35, Washington,
DC 20590 (telephone: (202) 493–6139).
(These telephone numbers are not tollfree.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, section 2,
109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501–3520), and its
implementing regulations, 5 CFR Part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), 1320.12. On June 16, 2006,
FRA published a 60-day notice in the
Federal Register soliciting comment on
ICRs that the agency was seeking OMB
approval. 71 FR 34990. FRA received
one comment in response to this notice.
The comment submitted came from
the Association of American Railroads
(AAR). AAR opposes OMB renewal of
this information collection because FRA
has not yet fully accommodated its
request concerning electronic
recordkeeping for the Hours of Duty
Records required in this collection.
Specifically, AAR remarks:
* * * FRA’s hours of service regulations
illegally discriminate against electronic
records. FRA’s regulations only permit paper
records because 49 CFR section 228.9
requires that HOS [Hours of Service] records
be ‘‘signed’’ by the employee whose time on
duty is being recorded (or by the ranking
crew member, in the case of train crews). A
railroad has to apply for a waiver to keep
HOS records electronically.

AAR argues that ‘‘FRA has chosen the
use of the waiver program to impose
requirements that do not apply for paper
records.’’ Further, AAR states:
FRA has required railroads to, inter alia,
• Develop computer programs capable of
measuring and analyzing records to
determine compliance with HOS
requirements, focusing on issues such as time
spent ‘‘deadheading’’ (nonworking travel not
including commuting), ‘‘commingled’’
service (service not subject to HOS
restrictions), and employee reports of excess
service;

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• Establish quality-assurance programs
consisting of regular and remedial training as
determined by FRA and utilizing materials
reviewed by FRA; and
• Make electronic records accessible to
FRA through various field locations.

AAR observes that ‘‘there are no
comparable requirements for paper
records.’’ AAR goes on to note that ‘‘the
Government Paperwork Elimination Act
(GPEA) required OMB to develop
procedures for the acceptance of
electronic records’’ and that ‘‘by Oct. 21,
2003, OMB was to ensure that agencies
provide an option for the maintenance
of records electronically and, where
practicable, the use of electronic
signatures.’’ AAR believes that FRA’s
‘‘hours of service regulations violate the
GPEA’s mandate to facilitate electronic
records.’’
FRA and its representatives have a
long relationship with AAR. There have
been many contacts and discussions
between FRA and AAR officials
regarding the Hours of Service
Regulations and electronic
recordkeeping. FRA has been working
for some time with the AAR on this
issue. FRA has meet with AAR
representatives, and has indicated its
intention to act on AAR’s request
regarding electronic recordkeeping. FRA
has a team now working on a proposed
rule to enable electronic recordkeeping
(which would eliminate the need for
waivers), so AAR’s belief that FRA is
unresponsive and that no progress has
been made is not correct. By its nature,
the process of regulatory development
and enactment is a slow one. Moreover,
FRA has communicated to AAR that top
agency officials and specialists are
available to work on any issues under
current waivers while a proposed rule is
being developed.
In its comments, AAR admits that
electronic recordkeeping option has
been and is available through agency
waivers. FRA clearly then has no bias
against electronic records. In fact, FRA
has long encouraged the use of
electronic recordkeeping, wherever
feasible, to reduce burden on
respondents. However, because the
work of ‘‘covered employees’’ directly
impacts rail safety and because
‘‘fatigue’’ resulting from excessive work
hours is a direct threat to public safety
and the safety of train crews and other
railroad workers, FRA must ensure that
the Federal hours of service (HOS) laws
are strictly adhered to in order to meet
its primary safety mission and its
statutory obligation for HOS oversight.
Although FRA permitted railroads to do
away with various costly and
cumbersome paper records, AAR
complains that FRA imposes additional

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