through Friday, except Federal holidays. request in the Federal Register (49 CFR
• Federal eRulemaking Portal: Go to 315(a)). The agency must provide an
http://www.regulations.gov. Follow the opportunity for public comment on the
online instructions for submitting request and to inspect the information
comments. relevant to the application, including
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43278 Federal Register / Vol. 71, No. 146 / Monday, July 31, 2006 / Notices
any safety analyses that have been responsibility for work while operating DEPARTMENT OF TRANSPORTATION
conducted. the CMV. Second, the CMV must be
The agency reviews the safety ‘‘unladen,’’ or empty (49 CFR 395.8, Federal Motor Carrier Safety
analyses and the public comments and Question 26, Regulatory Guidance). If Administration
determines whether granting the both these conditions are met, the CMV [Docket No. FMCSA–2005–22937]
exemption would likely achieve a level is viewed as a personal conveyance, and
of safety equivalent to, or greater than, the time spent may be treated as ‘‘off- Hours of Service of Drivers:
the level that would be achieved by the duty time.’’ Application for Exemption; Summit
current regulation (49 CFR 381.305). Helicopters, Inc.
The agency must publish its decision in FedEx seeks exemption for itself and
the Federal Register (49 CFR its 4,136 drivers from the requirement AGENCY: Federal Motor Carrier Safety
381.315(b)). If the agency denies the that the CMV be unladen in order for Administration (FMCSA), DOT.
request, it must state the reason for the time to be considered ‘‘off-duty ACTION: Notice of application for
doing so. If the agency grants the time.’’ FedEx states that at the end of the exemption; request for comments.
exemption, the notice must specify the workday these CMVs occasionally
person or class of persons receiving the contain a package or packages that SUMMARY: FMCSA announces that it has
exemption, and the regulatory provision could not be delivered that day. It may received an application from Summit
or provisions from which exemption is be that the package was misaddressed, Helicopters, Inc. (Summit) for an
being granted. The notice must also or the addressee was not home. Delivery exemption from the commercial motor
specify the effective period of the of the package is usually attempted vehicle drivers’ hours-of-service (HOS)
exemption (up to 2 years), and explain again the following day. requirements for their drivers who
the terms and conditions of the transport materials to and from job sites
exemption. The exemption may also be FedEx believes that granting the to assist in the company’s aerial
renewed (49 CFR 381.300(b)). exemption would not adversely affect application of herbicides. The
its safety performance, and that it would exemption, if granted, would enable
Request for Exemption be able to maintain a level of safety Summit’s drivers to conduct these
FedEx requested an exemption to equivalent to, or greater than, the level operations, including transportation to
modify the hours-of-service (HOS) achieved without the exemption. and from the herbicides application
standard for determining whether the A copy of the FedEx exemption sites, without having to comply with the
final ‘‘leg’’ of a FedEx driver’s day, HOS regulations. Summit believes that
application is available for review in the
driving the commercial motor vehicle relief from the HOS regulations would
docket for this notice.
(CMV) from the point of the last permit their drivers to work longer
delivery to the driver’s residence, as Request for Comments periods of time and at the same time
well as the first leg of the following day maintain a high level of safety. FMCSA
driving the CMV from the residence to In accordance with 49 U.S.C. 31315 requests public comment on the Summit
a FedEx terminal, is ‘‘on duty time’’ as and 31136(e), FMCSA requests public Helicopters, Inc. application for
defined in 49 CFR 395.2. FedEx is comment on FedEx’s application for exemption.
engaged in the delivery of packages by exemption from the definition of ‘‘on-
CMV in interstate commerce. In the duty time’’ in 49 CFR 395.2, and the DATES: Comments must be received on
morning FedEx drivers operate Guidance provided in Question 26 or before August 30, 2006.
company CMVs from their residence to under 49 CFR 395.8, to the extent that ADDRESSES: You may submit comments
company terminals to begin their the CMV must be unladen. The Agency identified by DOT DMS Docket Number
workday. Their FedEx truck is loaded will consider all comments received by FMCSA–2005–22937 by any of the
with packages to be delivered, and the close of business on August 30, 2006. following methods:
drivers then deliver packages to nearby • Web site: http://dmses.dot.gov/
Comments will be available for
residences. The drivers do not pick-up submit/. Follow the instructions for
examination in the docket at the
packages or take on additional cargo submitting comments on the DOT
location listed under the ADDRESSES
during the day. Following the final electronic docket site.
section of this notice. The Agency will • Fax: 1–202–493–2251.
delivery of the day and a post-trip
file comments received after the • Mail: Docket Management Facility;
vehicle inspection, the drivers are
relieved of all responsibility to FedEx comment closing date in the public U.S. Department of Transportation, 400
and are free to pursue their own docket, and will consider them to the Seventh Street, SW., Nassif Building,
personal activities and to use the FedEx extent practicable. In addition to late Room PL–401, Washington, DC 20590–
CMV to do so. The following morning comments, FMCSA will also continue to 0001.
the drivers are permitted to operate the file, in the public docket, relevant • Hand Delivery: Room PL–401 on
FedEx vehicle from their residence to information that becomes available after the plaza level of the Nassif Building,
the FedEx terminal to begin a new the comment closing date. Interested 400 Seventh Street, SW., Washington,
workday. persons should monitor the public DC, between 9 a.m. and 5 p.m., Monday
The HOS rules define ‘‘on-duty time’’ docket for new material. through Friday, except Federal holidays.
as ‘‘all time from the time a driver Issued on: July 21, 2006. • Federal eRulemaking Portal: Go to
begins to work or is required to be in http://www.regulations.gov. Follow the
David H. Hugel,
readiness to work until the time the online instructions for submitting
driver is relieved from work and all Acting Administrator. comments.
responsibility for performing work’’ (49 [FR Doc. E6–12162 Filed 7–28–06; 8:45 am] Instructions: All submissions must
sroberts on PROD1PC70 with NOTICES
CFR 395.2). FMCSA permits time spent BILLING CODE 4910–EX–P include the Agency name and docket
going to and from a residence in a CMV number for this notice. Note that all
to be treated as ‘‘off-duty time’’ if two comments received will be posted
conditions are met. First, the driver without change to http://dms.dot.gov
must be relieved from work and all including any personal information
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