[Federal Register Volume 76, Number 75 (Tuesday, April 19, 2011)]
[Notices]
[Page 21944]
[FR Doc No: 2011-9384]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Mr. David Kloke

[Waiver Petition Docket Number FRA-2011-0011]

    Mr. David Kloke, a private individual, has constructed a newly
built (2009) replica of a steam locomotive originally built in the
1800's. The Leviathan #63 represents one of the four locomotives
constructed by the Schenectady Locomotive Works for the Central Pacific
Railroad in 1869; and is a sister to the Jupiter #60, of which a
replica constructed in 1979, from the same blueprints and tooling is
owned and operated by the National Park Service at Promontory Summit,
Utah.
    The Leviathan is constructed to educate the public concerning early
American railroad history and simultaneously convey knowledge about the
design, capabilities, operation, and history of this type of
locomotive. Mr. Kloke states that Leviathan is not to be put into
regular commerce as either a passenger or freight locomotive.
Nevertheless, it will occasionally pull some cars appropriate for its
historic and educational mission, and will be used only for special
events.
    As a newly constructed locomotive, Leviathan cannot avail itself of
several provisions of Title 49 CFR that are grandfathered for
antiquated equipment, such as Leviathan represents. By letter of
February 4, 2011, and supplemental letter of March 31, 2011, Mr. Kloke
petitions that due to the unique purpose, nature, and use of this
locomotive, certain regulations under 49 CFR part 223, 231.15(b) and
(d), and 231.17(c) should be determined to be inapplicable to the
Leviathan. In the event FRA does not determine the inapplicability of
these regulations, Mr. Kloke requests relief from 49 CFR part 223,
Safety Glazing Standards (Sec.  223.9 Requirements for new or existing
equipment) and 49 CFR part 231, Railroad Safety Appliance Standards
(Sec.  231.15 (b) and (d), Steam locomotives used in road service--
Pilot sill-steps and Side handholds and (Sec.  231.17(c),
Specifications common to all steam locomotives--Handrails).
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2011-0011) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by 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://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, 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;
Page 19477) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on April 13, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2011-9384 Filed 4-18-11; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: August 22, 2007 (Volume 72, Number 162)]
[Notices]
[Page 46996]
[DOCID:fr22au07-96]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2007-0484; FRL-8458-4]

Board of Scientific Counselors, National Center for Environmental
Research (NCER) Standing Subcommittee Meeting--2007

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Meeting.

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SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, the Environmental Protection Agency, Office of Research and
Development (ORD), gives notice of a meeting of the Board of Scientific
Counselors (BOSC) National Center for Environmental Research (NCER)
Standing Subcommittee.

DATES: The meeting (a teleconference call) will be held on Tuesday,
September 11, 2007 from 1 p.m. to 3 p.m. All times noted are eastern
time. The meeting may adjourn early if all business is finished.
Requests for the draft agenda or for making oral presentations at the
conference call will be accepted up to 1 business day before the
meeting.

ADDRESSES: Participation in the meeting will be by teleconference
only--meeting rooms will not be used. Members of the public may obtain
the call-in number and access code for the call from Susan Peterson,
whose contact information is listed under the FOR FURTHER INFORMATION
CONTACT section of this notice. Submit your comments, identified by
Docket ID No. EPA-HQ-ORD-2007-0484, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail: Send comments by electronic mail (e-mail) to:
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-ORD-2007-0484.

     Fax: Fax comments to:<PHONE_NUMBER>, Attention Docket ID
No. EPA-HQ-ORD-2007-0484.
     Mail: Send comments by mail to: Board of Scientific
Counselors, National Center for Environmental Research (NCER) Standing
Subcommittee--2007 Docket, Mailcode: 28221T, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-ORD-2007-
0484.
     Hand Delivery or Courier: Deliver comments to: EPA Docket
Center (EPA/DC), Room B102, EPA West Building, 1301 Constitution
Avenue, NW., Washington, DC, Attention Docket ID No. EPA-HQ-ORD-2007-
0484. Note: this is not a mailing address. Such deliveries are only
accepted during the docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2007-0484. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site

is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Board of

Scientific Counselors, National Center for Environmental Research
(NCER) Standing Subcommittee--2007 Docket, EPA/DC, EPA West, Room B102,
1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the ORD Docket is (202)
566-1752.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via
mail at: Susan Peterson, Mail Code 8104-R, Office of Science Policy,
Office of Research and Development, Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460; via phone/voice
mail at:<PHONE_NUMBER>; via fax at:<PHONE_NUMBER>; or via e-mail at:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

General Information

    Participation in the meeting will be by teleconference only--
meeting rooms will not be used. Members of the public who wish to
obtain the call-in number and access code to participate in the
conference call may contact Susan Peterson, the Designated Federal
Officer, via any of the contact methods listed in the FOR FURTHER
INFORMATION CONTACT section above, by 4 working days prior to the
conference call.
    The purpose of the meeting is to provide follow-up to the
subcommittee from the July 24-25, 2007 face-to-face meeting. Proposed
agenda items for the conference call include, but are not limited to:
presentations on ORD communications, and discussion of the charge
questions to subcommittee. The conference call is open to the public.
    Information on Services for Individuals with Disabilities: For
information on access or services for individuals with disabilities,
please contact Susan Peterson at<PHONE_NUMBER> or
<EMAIL_ADDRESS>To request accommodation of a disability,

please contact Susan Peterson, preferably at least 10 days prior to the
meeting, to give EPA as much time as possible to process your request.

    Dated: August 15, 2007.
Mary Ellen Radzikowski,
Acting Director, Office of Science Policy.
 [FR Doc. E7-16608 Filed 8-21-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Notices]
[Pages 36850-36851]
[FR Doc No: 2022-13235]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0160; FRL-9409-02-OCSPP]

Pesticide Product Registration; Receipt of Applications for New
Active Ingredients--May 2022

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and
opportunity to comment on these applications.

DATES: Comments must be received on or before July 21, 2022.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2022-0160, through the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. For the latest
information on EPA/DC docket access, services and submitting comments,
visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (RD) (7505P), main telephone number:<PHONE_NUMBER>, email
address: [email protected]; The mailing address for each contact
person is: Office of Pesticide Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001. As part
of the mailing address, include the contact person's name, division,
and mail code. The division to contact is listed at the end of each
pesticide petition summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. Registration Applications

    EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the provisions of FIFRA section 3(c)(4)
(7 U.S.C. 136a(c)(4)), EPA is hereby providing notice of receipt and
opportunity to comment on these applications. Notice of receipt of
these applications does not imply a decision by the Agency on these
applications. For actions being evaluated under EPA's public
participation process for registration actions, there will be an
additional opportunity for public comment on the proposed decisions.
Please see EPA's public participation website for additional
information on this process (https://www2.epa.gov/pesticide-registration/public-participation-process-registration-actions).

Notice of Receipt--New Active Ingredients

    1. File Symbol: 100-RTEE. Docket ID number: EPA-HQ-OPP-2022-0003.
Applicant: Syngenta Crop Protection, LLC, 410 Swing Road, P.O. Box
18300, Greensboro, NC 27410. Product name: A22011 T&O. Active
ingredient: Nematocide--Cyclobutrifluram at 38.5%. Proposed use:
Ornamentals and turf. Contact: RD.
    2. File Symbol: 100-RTEG. Docket ID number: EPA-HQ-OPP-2022-0003.
Applicant: Syngenta Crop Protection, LLC, 410 Swing Road, P.O. Box
18300, Greensboro, NC 27410. Product name: A22011 Crop. Active
ingredient: Nematocide--Cyclobutrifluram at 38.5%. Proposed use:
Lettuce, romaine. Contact: RD.
    3. File Symbol: 100-RTEL. Docket ID number: EPA-HQ-OPP-2022-0003.
Applicant: Syngenta Crop Protection, LLC, 410 Swing Road, P.O. Box
18300, Greensboro, NC 27410. Product name: A23156 Crop. Active
ingredient: Nematocide--Cyclobutrifluram at 25.6%. Proposed use:
Lettuce, romaine. Contact: RD.
    4. File Symbol: 100-RTER. Docket ID number: EPA-HQ-OPP-2022-0003.
Applicant: Syngenta Crop Protection, LLC, 410 Swing Road, P.O. Box
18300, Greensboro, NC 27410. Product name: Cyclobutrifluram Technical.
Active ingredient: Nematocide--Cyclobutrifluram at 85.0%. Proposed use:
Lettuce, romaine, seed treatment use on cotton, seed treatment use on
soybean, ornamentals, and turf. Contact: RD.
    5. File Symbol: 100-RTEU. Docket ID number: EPA-HQ-OPP-2022-0003.
Applicant: Syngenta Crop Protection, LLC, 410 Swing Road, P.O. Box
18300, Greensboro, NC 27410. Product name: A22417 ST. Active
ingredient: Nematocide--Cyclobutrifluram at 41.7%. Proposed use: Seed
treatment use on cotton and soybean. Contact: RD.
    6. File Symbol: 10163-GIO and 10163-GOR. Docket ID number: EPA-HQ-
OPP-2022-0452. Applicant: Gowan Company, LLC., 370 South Main Street,
Yuma, AZ 85364. Product name: Acynonapyr Technical and GWN-10409,
respectively. Active ingredient: Miticide--Acynonapyr at 99.5% and
20.09%, respectively. Proposed uses: Almonds; citrus fruit (group 10-
10); grapes; hops; pome fruit (group 11-10); ornamental plants and
nonbearing fruit trees; vines growing in nurseries, greenhouses, and
shadehouses; christmas tree plantations; established ornamental
landscape plantings (including those in interiorscapes, residences,
public areas, commercial areas, institutional areas, rights of way and
other easements, and recreational sites such as campgrounds, golf
courses, parks, and athletic fields); ornamental lawns and turf
(including residential); non-residential turfgrass; residential pome
fruit trees; residential almond trees; residential citrus trees.
Contact: RD.

(Authority: 7 U.S.C. 136 et seq.)

    Dated: June 10, 2022.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2022-13235 Filed 6-17-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 130 (Friday, July 6, 2012)]
[Notices]
[Pages 40142-40144]
[FR Doc No: 2012-16549]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Dockets No. FMCSA-2008-0078, FMCSA-2011-0376, FMCSA-2011-0084,
FMCSA-2009-0010]

Applications for Exemption: Commercial Driver's License (CDL) and
Hours-of-Service (HOS) of Drivers

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final dispositions.

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SUMMARY: FMCSA announces denials of several separate applications for
exemption from certain provisions of the Federal Motor Carrier Safety
Regulations (FMCSRs) submitted by five motor carriers on behalf of
their commercial motor vehicle (CMV) drivers. The Agency reviewed each
application and any public comments received, and rendered each
decision based upon the merits of the application.

DATES: FMCSA denied the application for exemption of Rotel North
American Tours, Inc. (Rotel) on May 21, 2012, and of Underwater
Construction Corporation (Underwater) on May 29, 2012. On June 4, 2012,
FMCSA denied the applications for exemption of Western Pilot Service
(Western), Redding Air Service, Inc. (Redding) and Guardian
Helicopters, Inc. (Guardian).

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations; Telephone<PHONE_NUMBER>, Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Dockets

    You may read background documents or comments filed to the dockets
of any of these applications for exemption by going to
www.regulations.gov at any time, or to Room W12-140, DOT Building, 1200
New Jersey Ave. SE., Washington, DC, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal holidays.

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant an
exemption from certain Federal Motor Carrier Safety Regulations
(FMCSRs) for a maximum 2-year period if it finds ``such exemption would
likely achieve a level of safety that is equivalent to, or greater
than, the level that would be achieved absent such exemption.'' This
standard must be satisfied before the Agency can grant an exemption [49
CFR 381.305(a)]. If granted, the exemption may be renewed. An applicant
is advised in the regulations to carefully review the FMCSRs to
determine if there are any practical alternatives that would allow it
to conduct its motor carrier operations without the exemption [49 CFR
381.305(b)]. The application must include a written assessment of the
safety impacts the exemption may have. It must also describe how the
applicant would ensure that it could achieve a level of safety that is
equivalent to, or greater than, the level of safety that would be
obtained by complying with the regulation [49 CFR 381.310(c)(4) and
(5)].
    FMCSA must publish a notice of each exemption application in the
Federal Register [49 CFR 381.315(a)]. The Agency must invite the public
to comment on the merits of the application, and provide the public an
opportunity to inspect the application, the safety assessment, and all
other information relevant to the application. The Agency must publish
a notice announcing its decision on the applications. A notice is
required for granting an exemption but the Agency may issue denial
letters with the publication of a notice at a later date, as is the
case with the denials announced today.

Applications for Exemption

    Rotel, Underwater, Western, Guardian and Redding filed applications
for exemption from certain FMCSRs on behalf of their CMV drivers.
Guardian and Redding, under common ownership, filed jointly. FMCSA
published Federal Register notices requesting public comment on each
application. Each notice established a docket to provide the public an
opportunity to inspect the application and other docketed information,
such as the comments of others submitted to the docket. Table 1
provides, for each application, the docket number where the complete
record can be examined, and the FMCSR from which exemption was sought.

                                 TABLE 1
------------------------------------------------------------------------
            Applicant                 Docket No.       Exemption sought
------------------------------------------------------------------------
Rotel...........................  FMCSA-2008-0078...  CMV drivers must
                                                       possess a
                                                       commercial
                                                       driver's license.
                                                       49 CFR part 383
Underwater......................  FMCSA-2011-0376...  CMV drivers must
                                                       maintain a record
                                                       of duty status.
                                                       49 CFR 395.8
Western Pilot...................  FMCSA-2011-0084...  CMV drivers may
                                                       not drive a CMV
                                                       after
                                                       accumulating 70
                                                       hours of ``on
                                                       duty'' time in an
                                                       8-day period. 49
                                                       CFR 395.3(b)(2)
Guardian and Redding (joint       FMCSA-2009-0010...
 application).
------------------------------------------------------------------------

Rotel

    Rotel provides motorcoach tours of the United States for residents
of Germany, and, for business reasons, prefers to employ residents of
Germany to drive the motorcoaches. It sought renewal of an exemption
from the commercial driver's license (CDL) requirements for 22 of its
drivers who do not hold a CDL issued by one of the States, as required
by 49 CFR part 383. On May 21, 2012, FMCSA denied Rotel's application
for exemption renewal because it found that the applicant had not
pursued all practical alternatives available to it, including hiring
U.S. CDL drivers. A copy of the denial letter has been placed in the
docket identified in Table 1.

Underwater

    Underwater sought exemption for 165 of its CMV drivers from a
provision of the hours-of-service (HOS) rules (49 CFR part 395)
requiring CMV drivers to maintain a record of duty status (RODS) on
board the CMV they are operating (49 CFR 395.8). However, operators of
``utility service vehicles'' (USVs) are exempt from all the HOS rules
[49 CFR 395.1(n)], including the RODS requirement. Underwater stated
that its drivers operate USVs for all but a portion of their overall
driving time in a given week. The rest of their driving involves
operation of CMVs that do not qualify as USVs; at these times, the
Underwater drivers must maintain a RODS on board the CMV. Underwater
sought exemption from the RODS requirement of 49 CFR 395.8 for its
drivers at all times, so that they would always be exempt from the RODS
requirement, even when not operating a USV. On May 29, 2012, FMCSA
denied Underwater's application for exemption because Underwater failed
to demonstrate how it would achieve the level of safety equivalent to,
or greater than, the level of safety that would be obtained by
complying with the RODS

requirement. A copy of the denial letter has been placed in the docket
identified in Table 1.

Western Pilot Service

    Western sought exemption for 15 CMV drivers who transport aviation
fuel for aircraft engaged in firefighting operations in remote areas.
Western asked for exemption from the provision of the HOS rule that
limits CMV drivers to a maximum of 70 on-duty hours in any period of 8
consecutive days [49 CFR 395.3(b)(2)]. When the 70-hour limit is
reached, this provision bars CMV drivers from operating a CMV on a
public highway until they attain the amount of off-duty time prescribed
by the HOS regulations. Western proposed that it be given an exemption
that would permit its CMV drivers to satisfy the off-duty requirement
by being off duty for 2 consecutive days in any 14-day period. Thus,
Western drivers could be eligible to drive a CMV when their hours on
duty exceeded 70 hours in the most recent 8-day period. Western sought
this exemption so that the work schedules of its CMV drivers would more
closely correspond with the work schedules of its aircraft pilots.
FMCSA reviewed the application and the two public comments submitted.
On June 4, 2012, FMCSA concluded that Western had not demonstrated how
it would achieve a level of safety equivalent to or greater than the
level of safety that would be obtained by complying with the limit of
70 on-duty hours in 8 days. A copy of the denial letter has been placed
in the docket identified in Table 1.

Redding Air Service/Guardian Helicopters

    These two entities, owned by the same individual, filed a joint
application seeking relief for 20 CMV drivers who transport jet fuel in
tank CMVs in support of aircraft engaged in firefighting operations.
The applicants asked for exemption from the HOS rule that prohibits a
driver from operating a CMV after accumulating 70 on-duty hours in an
8-day period [Sec.  395.3(b)(2)]. The applicant sought the exemption so
that the work schedules of its ground support employees would more
closely correspond to the work schedules of its aircraft employees. On
June 4, 2012, the Agency concluded that the applicant failed to explain
how it would ensure that drivers operating tank vehicles laden with
hazardous materials beyond the 70-hour/8-day limit of section
395.3(b)(2) would achieve a level of safety equivalent to, or greater
than, the level that would be achieved by compliance with that
limitation. Section 381.305(a) requires that the Agency be satisfied
that this standard would be met before granting an exemption from the
FMCSRs. A copy of the denial letter has been placed in the docket
identified in Table 1.

Conclusion

    FMCSA reviewed each application and all public comments received.
The Agency concluded in each case that the application for exemption
lacked sufficient merit to justify the exemption sought. Accordingly,
FMCSA denied the applications for exemption of Rotel, Underwater,
Western, Redding and Guardian.

    Issued on: June 27, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-16549 Filed 7-5-12; 8:45 am]
BILLING CODE 4910-EX-P