[Federal Register Volume 72, Number 146 (Tuesday, July 31, 2007)]
[Notices]
[Pages 41813-41814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14801]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-28827]


Federal Motor Carrier Safety Regulations; General: Centennial 
Communications Application for Exemption

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application for 
exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) 
from Centennial Communications (``Centennial'') for all of its 
commercial motor vehicles (CMVs) and drivers that operate in interstate 
commerce. The exemption would allow Centennial's drivers and CMVs to be 
completely exempt from the FMCSRs. Centennial, a regional provider of 
telecommunications services, requests a blanket exemption, and believes 
that if the exemption is not granted, the burden of complying with the 
regulations will have a negative impact on the company's operations. 
Centennial contends that there will be no negative safety impact if the 
exemption is granted, as it maintains that it currently has very 
thorough safety practices in place. FMCSA requests public comment on 
the Centennial application for exemption.

DATES: Comments must be received on or before August 30, 2007.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FMCSA-2007-28827 using any of the following methods:
     Web site: http://dmses.dot.gov/submit/. Follow the 
instructions for submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Ave., SE., Washington, DC 
20590.
     Hand Delivery: Room W12-140, Ground Floor of West 
Building, U.S. Department of Transportation, 1200 New Jersey Ave., SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Instructions: All submissions must include the Agency name 
and docket number for this notice. Note that all comments received will 
be posted without change to http://dms.dot.gov including any personal 
information provided. Please see the Privacy Act heading for further 
information.
     Docket: For access to the docket to read background 
documents or comments received, go to http://dms.dot.gov at any time or 
Room W12-140, Ground Floor of West Building, U.S. Department of 
Transportation, 1200 New Jersey Ave., SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The DMS is available 24 hours each day, 365 days each year. 
If you want us to notify you that we received your comments, please 
include a self-addressed, stamped envelope or postcard or print the 
acknowledgement page that appears after submitting comments on-line.
     Privacy Act: Anyone may search the electronic form of all 
comments received into any of DOT's dockets by the name of the 
individual submitting the comment (or of the person signing the 
comment, if submitted on behalf of an association, business, labor 
union, or

[[Page 41814]]

other entity). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477, Apr. 11, 
2000). This statement is also available at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division, Office of Bus and Truck Standards and 
Operations. Telephone: 202-366-4009. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(Pub. L. 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 
conducting of any safety analyses. 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). 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

    The FMCSRs are generally applicable to motor carriers and drivers 
operating commercial motor vehicles (CMVs), as defined in 49 CFR 390.5. 
This includes any self-propelled or towed motor vehicle used on a 
highway in interstate commerce to transport passengers or property when 
the vehicle has a gross vehicle weight rating (GVWR) or gross 
combination weight rating (GCWR), or gross vehicle weight or gross 
combination weight, of 10,001 pounds or more, whichever is greater.
    Centennial Communications is a regional provider of 
telecommunications services with a fleet comprised of 46 Ford F-150 and 
F-250 trucks based in Fort Wayne, Indiana. According to Centennial, all 
of its trucks' GVWRs are less than 10,001 pounds. Centennial states 
that 95% of the time these trucks are used for technical service calls, 
and during such use all trucks are below the 10,001 pound GVWR 
threshold limit. However, the remaining 5% of the time, Centennial 
trucks transport generators, via trailer, to wireless towers around 
their operating area during emergencies (e.g., areas affected by 
hurricanes and other major storms). When a Centennial truck hauls a 
generator, the combined weight--truck GVWR plus trailer and generator--
exceeds 10,001 pounds.
    Centennial has determined that it would be burdensome to designate 
specific trucks and drivers for the transporting of generators because 
when Centennial has to haul generators in an emergency situation, not 
all of its trucks and drivers may be needed. In some circumstances only 
a few trucks and drivers may be needed to haul generators, but at other 
times that number may be increased depending on the severity of the 
emergency. Therefore, if Centennial only designates a certain number of 
trucks and trailers, it could easily be in a situation where more than 
the number of designated trucks and drivers are needed.
    Centennial states that, because its vehicles rarely reach the 
10,001 pound GVWR or more threshold, it would be safer and more 
economical to revamp its entire fleet of trucks and trailers so that 
when hauling generators, the combined weight of the truck/trailer/
generator is below 10,001 pounds GVWR. Centennial therefore requests 
the granting of two-year exemption from the FMCSRs in order to allow 
time to modify its vehicles.
    Centennial is concerned that if an exemption is not granted, ``a 
significant impact to company operations will be realized.'' This is 
due to the amount of time required to set up all files and get proper 
documentation in place regarding the FMCSRs. It estimates that it will 
take at least one year to get all required records on drivers and 
vehicles up-to-date. Centennial is further concerned about the 
restoration of service during natural disasters such as hurricanes, 
major thunderstorms or ice storms if forced to limit the number of 
drivers until all of its trucks are under the 10,001 pound GVWR.
    Centennial believes that there will be no negative safety impact if 
an exemption is granted because it already has a very thorough company 
vehicle safety policy in place with its company ``Engineering Vehicle 
Policy.'' Excerpts from the ``Engineering Vehicle Policy'' manual state 
that it is the responsibility of each driver to read and understand the 
document, and the assigned driver of the company vehicle is responsible 
for operating and maintaining the vehicle in a safe and cost effective 
manner. Other sections in this company manual include the Fleet 
Management Program, Disciplinary Action, Vehicle Accidents, Drugs and 
Alcohol, Security, and Driver Safety Training. Centennial states that 
it has also contacted and solicited help from its insurance carriers to 
ensure that company vehicle safety practices are among the best in the 
industry.
    A copy of Centennial Communications exemption application includes 
this detailed ``Engineering Vehicle Policy''. The application is 
available for review in the docket for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Centennial's application for exemption from 
the FMCSRs. The Agency will consider all comments received by close of 
business on August 30, 2007. Comments will be available for examination 
in the docket at the location listed under the ADDRESSES section of 
this notice. The Agency will file comments received after the comment 
closing date in the public docket, and will consider them to the extent 
practicable. In addition to late comments, FMCSA will also continue to 
file, in the public docket, relevant information that becomes available 
after the comment closing date. Interested persons should monitor the 
public docket for new material.

    Issued on: July 24, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-14801 Filed 7-30-07; 8:45 am]
BILLING CODE 4910-EX-P