30-day Federal Register Notice

Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Notices
Avenue, SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590.
• Fax: Fax comments to the Docket
Management Facility at 202–493–2251.
• Hand Delivery: Bring comments to
the Docket Management Facility in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy: We will post all comments
we receive, without change, to http://
www.regulations.gov, including any
personal information you provide.
Using the search function of our docket
Web site, anyone can find and read the
comments received into any of our
dockets, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78).
Docket: To read background
documents or comments received, go to
http://www.regulations.gov at any time
or to the Docket Management Facility in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Jan
Thor (425–227–2127), Transport
Airplane Directorate, Federal Aviation
Administration, 1601 Lind Avenue,
SW., Renton, WA 98057–3356, or
Frances Shaver (202–267–9681), Office
of Rulemaking, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT:

This notice is published pursuant to 14
CFR 11.85.
Issued in Washington, DC, on March 13,
2008.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

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Petition for Exemption
Docket No.: FAA–2007–28324.
Petitioner: United Parcel Service
Company.
Section of 14 CFR Affected:
§ 121.312(e)(1).
Description of Relief Sought:
Operation of four Boeing Model MD–
11F airplanes, registration numbers
N256UP, N281UP, N282UP and
N283UP, with two cockpit air supply
ducts (BWT 10502–1 Silencer Duct) and
ABM 7668–1 Duct that do not meet the

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flammability requirements of
§ 25.856(a).
[FR Doc. E8–5483 Filed 3–18–08; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2008–0035]

Agency Information Collection
Activities; Revision of an Approved
Information Collection: Hours of
Service (HOS) of Drivers Regulations,
Supporting Documents
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
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. On November 26,
2007, FMCSA published a Federal
Register notice allowing for a 60-day
comment period on the ICR. Thirtyeight comments were received, but none
spoke to the paperwork burden or other
aspects of the ICR.
DATES: Please send your comments by
April 18, 2008. OMB must receive your
comments by this date in order to act
quickly on the ICR.
ADDRESSES: 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: Mr.
Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division.
Telephone: 202–366–4325. E-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Title: Hours of Service (HOS) of
Drivers Regulations, Supporting
Documents (formerly Hours of Service
of Drivers Regulations).
OMB Control Number: 2126–0001.
Type of Request: Revision of a
currently-approved information
collection.
Respondents: Motor Carriers, Drivers
of commercial motor vehicles (CMVs).
Estimated Number of Respondents:
Drivers: approximately 4.6 million;
Active Motor Carriers: approximately
700,000.
Estimated Time per Response: The
driver will take an average of 6.5

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minutes to fill out a record of duty
status (RODS), and 5 minutes to forward
the completed RODS to the employing
motor carrier. The motor carrier takes an
average of 2 minutes to review a RODS,
1 minute per day to maintain a RODS,
and 1 minute per day to maintain the
supporting documents of one RODS.
Expiration Date: 11/30/2008.
Frequency of Response:
Drivers: 240 days per year, on average.
Motor Carriers: 240 days per year, on
average.
Total Number of Annual Responses
Expected
A. Driver
(1) Filling Out the RODS:
1,104,000,000 (4.6 million drivers × 240
days);
(2) Forwarding the RODS to the Motor
Carrier: 115 million (4.6 million drivers
× 25 times per year ) and
(3) Forwarding the Supporting
Documents to the Motor Carrier: 0 (the
activity is usual and customary).
B. Motor Carrier
(1). Reviewing the RODS: 552 million
(2.3 million RODS reviewed daily × 240
days);
(2). Maintaining the RODS:
1,104,000,000 (4.6 million drivers × 240
days); and
(3). Maintaining the Supporting
Documents: 1,104,000,000 (4.6 million
drivers × 240 days).
Estimated Total Annual Burden:
184,380,000 hours [driver burden of
129,180,000 and motor carrier burden of
55,200,000 hours] .
Background:
The FMCSA regulates the amount of
time a driver may drive and be on duty.
A CMV driver must keep a record of
duty status (RODS), commonly referred
to as a logbook, that indicates his or her
duty status (driving, on duty not
driving, off duty, sleeper berth) for all
periods of the duty day. The RODS must
be maintained on the CMV for 7 days,
and subsequently submitted to the
motor carrier along with any
‘‘supporting documents,’’ such as fuel
receipts and toll tickets, that could
assist in verifying the accuracy of
entries on the RODS. The motor carrier
must retain the RODS and supporting
documents for a minimum of 6 months
from date of receipt.
Statutory authority for regulating the
hours of service (HOS) of drivers
operating CMVs in interstate commerce
is derived from 49 U.S.C. 31136 and
31502. The penalty provisions are
located at 49 U.S.C. 521, 522 and 526,
as amended. On November 28, 1982, the
Federal Highway Administration, the
agency previously responsible for
administration of the Federal Motor
Carrier Safety Regulations (49 CFR 350

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Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Notices

et seq.), promulgated a final rule that
required a motor carrier to verify the
accuracy of the HOS of each driver and
to ensure that drivers record their duty
status in a specified format (47 FR
53383).
The HOS rules provide two methods
of creating a RODS: A paper RODS that
provides a grid for the driver to record
his or her time and location throughout
the duty day, and an Automatic OnBoard Recording Device as defined by
section 395.15. The HOS regulations
exempt employers of certain ‘‘short
haul’’ CMV drivers from the RODS
requirement if they maintain the
employee’s U.S. Department of Labor
‘‘time card’’ at the place of business for
a period of six months (Section
395.1(e)).
The RODS is an important tool
because it provides the information the
carrier and enforcement personnel
require to determine the compliance of
a driver with the HOS rules. The
adherence of drivers and motor carriers
to the HOS requirements helps FMCSA
protect the public by reducing the
number of tired CMV drivers on the
highways.
Most States receive grants from
FMCSA under the Motor Carrier Safety
Assistance Program. As a condition of
receiving these grants, States agree to
adopt and enforce the FMCSRs,
including the HOS rules, as State law.
As a result, State enforcement
inspectors use the RODS and supporting
documents to determine whether CMV
drivers, in interstate or intrastate
commerce, are complying with the HOS
rules.
In addition, FMCSA uses the RODS
during on-site compliance reviews (CRs)
of motor carriers. The CR determines the
overall safety rating of a motor carrier,
and a negative review can be damaging
to a motor carrier’s CMV operations
because the results of CRs are public
information. Many shippers of property
use the results of these CRs, as well as
other records of a motor carrier’s crash
and violation history, in selecting a
motor carrier to transport their freight.
Finally, the RODS have traditionally
been the principal document accepted
by the judicial system as evidence of a
violation of the HOS regulations. This
information collection supports the
DOT’s Strategic Goal of Safety because
the information helps the Agency
ensure the safe operation of CMVs in
interstate commerce on our Nation’s
highways.
In this ICR, FMCSA proposes an
increase in the estimated number of
CMV drivers affected by the HOS
regulations. This reflects an increase in
the total number of CMV operators on

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the highways today, as compared to
2005 when OMB last approved the
Agency’s calculation of the IC burden.
The total number of interstate and
intrastate CMV drivers is currently
estimated to be 7.0 million. Of these, 4.6
million are required to complete RODS
and furnish supporting documents. The
remainder consists of the ‘‘short haul’’
drivers exempt from the RODS
requirement.
In this submission, the FMCSA also
provides greater specificity in its
calculation of the HOS paperwork
burden. To do so, the Agency has
reorganized its breakdown of the
various paperwork tasks performed by
drivers and motor carriers. The revised
organization allows the reader to
distinguish the paperwork burden of the
RODS from the paperwork burden of the
supporting documents, and the burden
of the driver from the burden of the
employer (motor carrier).
On November 26, 2007, the FMCSA
published a Federal Register notice on
this same topic and provided 60 days
for public comment (72 FR 66019). The
Agency received 38 comments to the
docket, including four that appear to
have been sent to this docket
inadvertently. None of the comments
addressed the paperwork burden of the
HOS rules. There was no discussion in
the comments of the necessity of the
paperwork burden, or the accuracy of
the information collected. The
comments offered no suggestions for
minimizing the burden of the IC, or for
improving the quality, usefulness, or
clarity of the information collected.
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 performance of
FMCSA’s 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
reducing the quality of the collected
information.
Issued on: March 12, 2008.
Terry Shelton,
Associate Administrator for Research and
Information Technology.
[FR Doc. E8–5477 Filed 3–18–08; 8:45 am]
BILLING CODE 4910–EX–P

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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration, DOT.
ACTION: Notice and Request for
Comments.
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 Requirement (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
period soliciting comments on the
following collection of information was
published on January 11, 2008 (See 73
FR 2074).
DATES: Comments must be submitted on
or before April 18, 2008.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Office of Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave., SE., Mail Stop 25,
Washington, DC 20590 (telephone: (202)
493–6292), or Ms. Gina Christodoulou,
Office of Support Systems Staff, RAD–
43, Federal Railroad Administration,
1200 New Jersey Ave., SE., Mail Stop
35, Washington, DC 20590 (telephone:
(202) 493–6139). (These telephone
numbers are not toll-free.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Pub. L. No. 104–13, § 2, 109 Stat.
163 (1995) (codified as revised at 44
U.S.C. 3501–3520), and its
implementing regulations, 5 CFR part
1320, require Federal agencies to 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 January 11,
2008, FRA published a 60-day notice in
the Federal Register soliciting comment
on ICRs that the agency was seeking
OMB approval. 73 FR 2074. FRA
received no comments in response to
this notice.
Before OMB decides whether to
approve this proposed collection of
information, it must provide 30 days for
public comment. 44 U.S.C. 3507(b); 5
CFR 1320.12(d). Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30-day notice is

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