Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices 21219

By the Commission.

Jonathan G. Katz,

Secretary.

[FR Doc. 96–11623 Filed 5–8–96; 8:45 am]

BILLING CODE 8010–01–M

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster Loan Area #2851]

Kentucky; Declaration of Disaster Loan

Area

Madison County and the contiguous

counties of Clark, Estill, Fayette,

Garrard, Jackson, Jessamine, and

Rockcastle in the State of Kentucky

constitute a disaster area as a result of

damages caused by high winds and

tornadoes which occurred on April 20,

1996. Applications for loans for

physical damage may be filed until the

close of business on July 1, 1996 and for

economic injury until the close of

business on January 30, 1997 at the

address listed below:

U.S. Small Business Administration,

Disaster Area 2 Office, One Baltimore

Place, Suite 300, Atlanta, GA 30308

or other locally announced locations.

The interest rates are:

Percent

For Physical Damage:

Homeowners With Credit Available Elsewhere ........................ 7.250

Homeowners Without Credit

Available Elsewhere ................ 3.625

Businesses With Credit Available

Elsewhere ................................ 8.000

Businesses and Non-Profit Organizations Without Credit Available Elsewhere ........................ 4.000

Others (Including Non-Profit Organizations) With Credit Available Elsewhere ........................ 7.125

For Economic Injury.

Businesses and Small Agricultural Cooperatives Without

Credit Available Elsewhere ..... 4.000

The number assigned to this disaster

for physical damage is 285112, and for

economic injury the number is 883900.

(Catalog of Federal Domestic Assistance

Program Nos. 59002 and 59008).

Dated: April 30, 1996.

John T. Spotila,

Acting Administrator.

[FR Doc. 96–11610 Filed 5–8–96; 8:45 am]

BILLING CODE 8025–01–P

Portland District Advisory Council

Meeting; Public Meeting

The U.S. Small Business

Administration, Portland District

Advisory Council will hold a public

meeting on Thursday, May 30, 1996

from 1:00 p.m. to 4:30 p.m. and Friday,

May 31, 1996 from 8:00 a.m. to 12:00

noon at the Newport Shilo Inn, 536 SW

Elizabeth, Newport, Oregon to discuss

matters as may be presented by

members, staff of the U.S. Small

Business Administration, or others

present.

For further information, write or call

Mr. John L. Gilman, District Director,

U.S. Small Business Administration,

222 S.W. Columbia, Suite 500, Portland,

OR 97201–6695, (503) 326–5221.

Dated: May 3, 1996.

Bill Combs,

Associate Administrator for Office of

Communication and Public Liaison.

[FR Doc. 96–11609 Filed 5–8–96; 8:45 am]

BILLING CODE 8025–01–P

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. MC–96–13]

Commercial Driver’s License Program;

Temporary Waiver for Trekking

International Overland Expedition

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Notice of final disposition.

SUMMARY: Trekking International

requested relief from the requirements

of the commercial driver’s license(CDL)

regulations (49 CFR Part 383) for drivers

participating in the Overland

Expedition.

The FHWA has decided that it is not

contrary to the public interest and will

not diminish the safe operation of

commercial motor vehicles (CMVs) to

grant a waiver from the CDL testing and

licensing standards to drivers

participating in the Overland

Expedition. The effect of this action is

to allow four Iveco 330.30 ANW 6x6

trucks being driven by six foreign

licensed employees of the petitioner to

continue driving their trucks from

Rome, Italy to New York City, New

York. The approved waiver is temporary

and subject to certain conditions.

EFFECTIVE DATE: May 9, 1996.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert Redmond, Office of Motor

Carrier Research and Standards, (202)

366–4001, or Mr. Raymond W. Cuprill,

Office of the Chief Counsel, HCC–20,

(202) 366–0834, Federal Highway

Administration, Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590. Office

hours are from 7:45 a.m. to 4:15 p.m.,

e.t., Monday through Friday, except

Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

The Commercial Driver’s License

(CDL) regulations, issued pursuant to

the Commercial Motor Vehicle Safety

Act of 1986 (Title XII, Pub. L. 99-570,

100 Stat. 3207) (49 U.S.C. 31301 et seq.),

are found at 49 CFR Part 383 (1995).

Section 383.23 of the regulations sets

forth the general rule that no person

shall operate a commercial motor

vehicle (CMV) unless such person: (1)

has taken and passed a knowledge test

and, if applicable, a driving test, which

meets Federal standards, and (2)

possesses a CDL, which is evidence of

having passed the required tests. These

Federal standards ensure that drivers of

a CMV: (1) have a single driver’s license

and a single driving record, (2) are

tested for the knowledge and skills

needed to drive a vehicle representative

of the vehicle that they will be licensed

to drive, and (3) are disqualified from

driving a CMV when convicted of

certain criminal or traffic violations.

The term ‘‘commercial motor vehicle’’

is defined to include, a motor vehicle:

(1) With a gross combination weight

rating of 26,001 or more pounds

inclusive of a towed unit with a gross

vehicle weight rating (GVWR) of more

than 10,000 pounds; or

(2) With a GVWR of 26,001 or more

pounds; or

(3) Designed to transport 16 or more

passengers, including the driver; or

(4) Used in the transportation of

quantities of hazardous materials which

require the vehicle to be placarded

under the Hazardous Materials

Transportation Regulations (49 CFR part

172, subpart F). 49 CFR 383.5 (1995).

CDL Waivers

Section 12012 of the Commercial

Motor Vehicle Safety Act of 1985 (the

Act) authorizes the Secretary of

Transportation to waive any class of

drivers or vehicles from any or all of the

provisions of the Act or the

implementing regulations if the

Secretary determines that the waiver is

not contrary to the public interest and

does not diminish the safe operation of

commercial motor vehicles. The

regulatory procedures governing the

issuance of waivers are found at 49 CFR

383.7 (1995).

Petition

Trekking International of Milan, Italy,

through its North American coordinator,

Circumpolar Expeditions of Anchorage,

Alaska, has petitioned the FHWA to

grant a CDL waiver to drivers involved
21220 Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices

in the Overland Expedition. The goal of

the Overland Expedition is to drive four

(4) Iveco 330.30 ANW 6x6 trucks 15,000

miles from Rome, Italy, to New York

City, New York. Once the Expedition is

completed, the trucks will be shipped

back to Italy. The petitioner expects the

vehicles to be shipped on or before June

1, 1996.

Docket Comments

In response to the notice published in

the Federal Register on March 29, 1996

(62 FR 14193), the FHWA received two

responses to the docket.

The Tennessee Public Service

Commission (TPSC) wrote in support of

granting the waiver. The TPSC stated

that ‘‘[b]ased upon the notice in the

Federal Register, I can find no

substantive reason to believe that the

issuance of a CDL waiver will cause any

risk to the motoring public given the

familiarity of the drivers with the

vehicles and the drivers holding

international commercial driver

licenses.’’

The other commenter, Advocates for

Highway and Auto Safety (AHAS),

wrote in opposition to granting the

waiver. The AHAS stated that evidence

was not presented to indicate that the

waiver is in the public interest. They

further stated that unlike other waivers

that have been granted, this waiver does

not encourage employment in the

United States (U.S.) for drivers who

would otherwise be unable to continue

driving.

In regard to safety, AHAS stated that

the FHWA did not substantiate that the

waiver will not diminish safety. They

further stated that the notice does not

provide specific information on the

driving experience, competence and

safety record of these drivers; any

indication that the drivers are familiar

with our roadways; any comparative

analysis of the differences between

Italian and U.S. commercial vehicle

safety laws and regulations; and any

justification for not hiring U.S. drivers

with valid CDLs to operate the vehicles

in the U.S.

The AHAS also asserts that the period

for public comment violated the

Administrative Procedure Act because

at least 15 days were not provided. The

AHAS stated that the FHWA did not

offer an explanation as to why there was

a delay in publishing the notice and did

not justify the reason for the short

comment period. If the waiver is

granted, the AHAS also stated that it

should be limited to the time period

actually needed and requested.

FHWA Response to the Comments

The FHWA has determined that it

would not diminish the safe operation

of CMVs to waive drivers of Trekking

International of Milan, Italy involved in

the Overland Expedition, from the CDL

requirements, subject to certain

conditions. The requested waiver would

be temporary and only be applicable to

those foreign employees driving the four

vehicles that are participating in the

Expedition. These employees are

professional operators of commercial

motor vehicles. They have valid Italian

commercial driver’s licenses to operate

vehicles in 5 vehicle classes. The Italian

licensing process includes knowledge

and skills testing based on the

recommendations of the European

Community, where there is a 21 years of

age requirement to operate heavy trucks.

Each of the drivers have 15 to 20 years

of driving experience.

In response to the AHAS concern

about the FHWA not conducting a

comparative analysis between the

Italian and U.S. CMV safety laws and

regulations, there was only a need to

compare the licensing requirements

since Trekking International has agreed

to comply with all other applicable

Federal Motor Carrier Safety

Regulations (FMCSRs), including

financial responsibility, vehicle

marking, driver physical qualification,

vehicle inspection, and hours of service

requirements. In addition, since this

waiver is limited to the six drivers

named in the petition and is not a

reciprocal agreement with the Italian

government on commercial driver

licensing, a comprehensive analysis of

all safety laws and regulations was not

warranted. The FHWA did, however,

obtain documentation of Italian CMV

driver licensing requirements to ensure

these drivers met licensing standards

similar to U.S. CMV drivers.

The FHWA has further determined

that it is not contrary to the public

interest to grant this waiver. While

AHAS claims there is no public interest

in granting the waiver, it does not offer

any substantial reasons why the

granting of the waiver would be

contrary to the public interest. The

FHWA agrees with AHAS that U.S.

drivers with valid CDLs could be hired

to operate these vehicles in the U.S., but

that was not what was requested in the

petition. Based on the fact that these are

European vehicles, it is in the public

interest to allow these Italian drivers

who are very familiar with operating

these vehicles and have over 15,000

miles of experience driving them in this

expedition, in all kinds of road and

weather conditions, across Europe and

Asia before entering the U.S., to

continue driving them in the U.S. to

complete the trip.

AHAS has objected to the short

comment period provided in the

FHWA’s March 29 notice, asserting that

a 10-day comment period violates the

Administrative Procedure Act. The

Administrative Procedure Act does not

specify a minimum period for comment;

nor does 49 U.S.C. 31135 which

authorizes the agency to waive its

regulations after notice and opportunity

for comment. While the FHWA typically

provides more time for public comment

on proposals similar to his one, the

standard for determining how much

time should be provided for public

comment is what is reasonable in view

of the facts.

In this instance, the FHWA believes

that ten days is reasonable. While the

original petition for waiver was

submitted on January 24, 1996, the

FHWA required the petitioner to submit

further information in support of its

petition before deciding whether the

petition warranted further

consideration. The further information

submitted by the petitioner is

summarized in the notice published on

March 29.

The FHWA believes that the ten-day

comment period in this case was

adequate to alert interested parties to

respond to the request for waiver, and

that the notice provided adequate

information to enable interested parties,

such as AHAS, to respond to the notice.

To further delay acting on this petition

would make it impossible for the

petitioner to do what it plans, or would

increase its costs, without creating a

public benefit.

AHAS also objected to the waiver

being granted for a longer period than is

actually needed or requested. The

FHWA does not agree with this

objection. While the petitioner expects

to complete the trip to New York by the

end of April, the FHWA believes that

granting an additional month to provide

for weather, vehicle repair, or other

unforseen delays is a reasonable action.

Waiver Conditions

The waiver from the CDL

requirements is granted, subject to the

following conditions:

(1) Drivers covered—this waiver

applies only to the following Italian

drivers employed by the petitioner

while participating in the Overland

Expedition and holding a valid Italian

commercial driver’s license to operate

the vehicles listed in condition #3:
Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Notices 21221

Name License No. Issued Classification

Gregorio Camevale ........................................................................................................................................ 1300267 8/7/95 ABCDE

Carlo Marocco ................................................................................................................................................ 1291175 9/4/95 ABCDE

Erhard Mayer ................................................................................................................................................. A26995 8/28/95 ABCDE

Vicenzo Leone ............................................................................................................................................... 1291174 9/11/95 ABCDE

Emilio Altamore .............................................................................................................................................. 1247556 9/4/95 ABCDE

Francesco Miranda ........................................................................................................................................ 1247557 9/4/95 ABCDE

(2) Duration—the waiver is only valid

through June 1, 1996;

(3) Vehicles—the waiver is limited to

the operation of the four vehicles

participating in the Overland

Expedition and identified with the

following vehicle identification

numbers and license plates:

a. WJMH3GMSM09015805 (plate no.

A658095)

b. WJMH3GMSM09015766 (plate no.

A658096)

c. WJMH3GMSM09015814 (plate no.

A658097)

d. WJMH3GMSM09015669 (plate no.

A658098)

(4) Compliance with FMCSRs—

drivers covered by the waiver are

required to comply with other

applicable requirements of the Federal

Motor Carrier Safety Regulations,

including financial responsibility,

vehicle marking, driver physical

qualification, vehicle inspection, and

hours of service requirements.

Authority: Title XII of Pub. L. 99–570, 100

Stat. 3207; 49 U.S.C. 31301 et seq.; 49 U.S.C.

31315; 49 CFR 1.48; 49 CFR 383.7; 23 U.S.C.

315.

Issued on: April 30, 1996.

Rodney E. Slater,

Federal Highway Administration.

[FR Doc. 96–11372 Filed 5–8–96; 8:45 am]

BILLING CODE 4910–22–P

Research and Special Programs

Administration

Office of Hazardous Materials Safety;

Delays in Processing of Exemption

Applications

AGENCY: Research and Special Programs

Administration, DOT.

ACTION: List of applications delayed

more than 180 days.

SUMMARY: In accordance with the

requirements of 49 U.S.C. 5117(c), RSPA

is publishing the following list of

exemption applications that have been

in process for 180 days or more. The

reason(s) for delay and the expected

completion date for action on each

application is provided in association

with each identified application.

FOR FURTHER INFORMATION CONTACT:

J. Suzanne Hedgepeth, Director, Office

of Hazardous Materials, Exemptions and

Approvals, Research and Special

Programs Administration, U.S.

Department of Transportation, 400

Seventh Street, SW., Washington, DC

20590–0001, (202) 366–4535.

Key to ‘‘Reasons for Delay’’

1. Awaiting additional information

from applicant.

2. Extensive public comment under

review.

3. Application is technically very

complex and is of significant impact or

precedent-setting and requires extensive

analysis.

4. Staff review delayed by other

priority issues or volume of exemption

applications.