80 FR 36397 - Hours of Service of Drivers: B.R. Kreider & Son, Inc.'s Application for Exemption
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 121 (June 24, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 121 (June 24, 2015)
| Page Range | 36397-36398 | |
| FR Document | 2015-15519 |
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)] [Notices] [Pages 36397-36398] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15519] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2014-0322] Hours of Service of Drivers: B.R. Kreider & Son, Inc.'s Application for Exemption AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; denial of application for exemption. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its denial of the application of B.R. Kreider & Son, Inc., (Kreider) for an exemption from the requirement that drivers of commercial motor vehicles (CMVs) be released from work within 12 hours in order to take advantage of the short-haul exception to part of the hours of service (HOS) rules. Drivers qualifying for the short-haul exception are subject to the HOS limits but are not required to maintain a record of duty status (RODS) during the duty day. FMCSA concluded that Kreider has not demonstrated how its CMV operations under such an exemption would be likely to achieve a level of safety equivalent to or greater than the level of safety that would be obtained in the absence of the exemption. DATES: FMCSA denied the application for exemption by letter dated May 21, 2015, after notice and opportunity for public comment. FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325, Email: [email protected], Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Docket: For access to the docket to read background documents or comments submitted to notice requesting public comments on the exemption application, go to www.regulations.gov at any time or visit Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The on-line Federal document management system is available 24 hours each day, 365 days each year. The docket number is listed at the beginning of this notice. SUPPLEMENTARY INFORMATION: Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations (FMCSRs). 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 any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted, 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 reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). The HOS rules (49 CFR part 395) generally prohibit drivers from operating a CMV after the 14th hour measured from the time they come on duty following 10 consecutive hours off duty, though they must cease CMV driving at any time that they accumulate 11 hours of driving time in a duty day. The HOS rules also require operators of CMVs to maintain a RODS, or log, on board the CMV at all times (Sec. 395.8(a)). However, Sec. 395.1(e)(1) provides an exception to this requirement for qualifying ``short-haul'' drivers. Drivers do not have to maintain a RODS on board the CMV if they (1) operate within a 100 air-mile radius of the normal work reporting location, (2) return to the work reporting location and are released from duty within 12 hours of the time they came on duty, (3) have at least 10 consecutive hours off duty separating each 12 hours on duty, (4) do not exceed 11 hours driving following 10 consecutive hours off duty, and (5) the motor carrier that employs them maintains and retains for a period of 6 months accurate and true time records showing the time the drivers reported for duty, the time they are released from duty, and the total number of hours the drivers are on duty. A driver who expects to qualify for the short-haul exception does not maintain a RODS on board the CMV. However, if later in the day the driver discovers that he or she is not going to qualify for the short-haul exception, the HOS rules require the driver immediately to prepare a RODS reflecting his or her activities during the entire day. Application for Exemption Kreider is an interstate motor carrier engaged in the short-haul transportation of materials such as topsoil, fill, and stone. Kreider's CMV drivers do not go beyond a 100 air-mile radius of their normal work-reporting location during their duty day, but it is impossible for its drivers to complete their duty day within the 12-hour limit. Kreider believes that it is impractical to require CMV drivers to prepare a RODS at this point. Kreider states that too much non- productive driver time results from this requirement. It believes that the same level of safety would be achieved operating under the short- haul exception without regard to the 12-hour requirement as would be achieved in the absence of the exemption. Public Comments and Agency Decision On November 5, 2014, FMCSA published notice of this application and asked for public comment (79 FR 65757). Twenty-one comments were received and are available for review in the docket. Kreider indicates that its drivers are spending 10 minutes making a RODS entry for a 5- minute stop. However, Agency guidance states that short periods of time (less than 15 minutes) may be identified on the RODS by drawing a line from the appropriate on-duty (not driving) or driving line to the ``remarks'' section and entering the amount of time and the geographic location of the change in duty status (Guidance Statement 1, Sec. 395.8). This should take less than one minute. In addition, the FMCSA believes that while it is appropriate to relieve drivers of the task of maintaining a RODS if they limit their duty day to 12 hours, enforcement of the 11-hour and 14-hour rules would be severely hampered if roadside officials were deprived of the RODS of drivers whose duty days have exceeded 12 hours. The Agency reviewed Kreider's application and the public comments. By letter dated May 21, 2015, FMCSA denied the application because the Agency concluded that Kreider's operations were not likely to achieve a level of safety equivalent to or greater than the level of safety that would be achieved in the absence of the exemption [49 CFR 381.310(c)(5)]. A [[Page 36398]] copy of the denial letter is in the docket of this matter. Issued on: June 17, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-15519 Filed 6-23-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices 36397
Issued on: June 17, 2015. SUPPLEMENTARY INFORMATION: expects to qualify for the short-haul
Larry W. Minor, exception does not maintain a RODS on
Background
Associate Administrator for Policy. board the CMV. However, if later in the
[FR Doc. 2015–15512 Filed 6–23–15; 8:45 am]
FMCSA has authority under 49 U.S.C. day the driver discovers that he or she
31136(e) and 31315 to grant exemptions is not going to qualify for the short-haul
BILLING CODE 4910–EX–P
from certain parts of the Federal Motor exception, the HOS rules require the
Carrier Safety Regulations (FMCSRs). driver immediately to prepare a RODS
DEPARTMENT OF TRANSPORTATION FMCSA must publish a notice of each reflecting his or her activities during the
exemption request in the Federal entire day.
Federal Motor Carrier Safety Register (49 CFR 381.315(a)). The
Administration Agency must provide the public an Application for Exemption
opportunity to inspect the information Kreider is an interstate motor carrier
[Docket No. FMCSA–2014–0322]
relevant to the application, including engaged in the short-haul transportation
Hours of Service of Drivers: B.R. any safety analyses that have been of materials such as topsoil, fill, and
Kreider & Son, Inc.’s Application for conducted. The Agency must also stone. Kreider’s CMV drivers do not go
Exemption provide an opportunity for public beyond a 100 air-mile radius of their
comment on the request. normal work-reporting location during
AGENCY: Federal Motor Carrier Safety The Agency reviews safety analyses their duty day, but it is impossible for
Administration (FMCSA), DOT. and public comments submitted, and its drivers to complete their duty day
ACTION: Notice of final disposition; determines whether granting the within the 12-hour limit. Kreider
denial of application for exemption. exemption would likely achieve a level believes that it is impractical to require
of safety equivalent to, or greater than, CMV drivers to prepare a RODS at this
SUMMARY: FMCSA announces its denial the level that would be achieved by the point. Kreider states that too much non-
of the application of B.R. Kreider & Son, current regulation (49 CFR 381.305). productive driver time results from this
Inc., (Kreider) for an exemption from the The decision of the Agency must be requirement. It believes that the same
requirement that drivers of commercial published in the Federal Register (49 level of safety would be achieved
motor vehicles (CMVs) be released from CFR 381.315(b)) with the reasons for operating under the short-haul
work within 12 hours in order to take denying or granting the application and, exception without regard to the 12-hour
advantage of the short-haul exception to if granted, the name of the person or requirement as would be achieved in
part of the hours of service (HOS) rules. class of persons receiving the the absence of the exemption.
Drivers qualifying for the short-haul exemption, and the regulatory provision
exception are subject to the HOS limits from which the exemption is granted. Public Comments and Agency Decision
but are not required to maintain a record The notice must also specify the On November 5, 2014, FMCSA
of duty status (RODS) during the duty effective period and explain the terms published notice of this application and
day. FMCSA concluded that Kreider has and conditions of the exemption. The asked for public comment (79 FR
not demonstrated how its CMV exemption may be renewed (49 CFR 65757). Twenty-one comments were
operations under such an exemption 381.300(b)). received and are available for review in
would be likely to achieve a level of The HOS rules (49 CFR part 395) the docket. Kreider indicates that its
safety equivalent to or greater than the generally prohibit drivers from drivers are spending 10 minutes making
level of safety that would be obtained in operating a CMV after the 14th hour a RODS entry for a 5-minute stop.
the absence of the exemption. measured from the time they come on However, Agency guidance states that
DATES: FMCSA denied the application duty following 10 consecutive hours off short periods of time (less than 15
for exemption by letter dated May 21, duty, though they must cease CMV minutes) may be identified on the RODS
2015, after notice and opportunity for driving at any time that they accumulate by drawing a line from the appropriate
public comment. 11 hours of driving time in a duty day. on-duty (not driving) or driving line to
FOR FURTHER INFORMATION CONTACT: Mr. The HOS rules also require operators of the ‘‘remarks’’ section and entering the
Robert F. Schultz, Driver and Carrier CMVs to maintain a RODS, or log, on amount of time and the geographic
Operations Division; Office of Carrier, board the CMV at all times (§ 395.8(a)). location of the change in duty status
Driver and Vehicle Safety Standards; However, § 395.1(e)(1) provides an (Guidance Statement 1, § 395.8). This
Telephone: 202–366–4325, Email: exception to this requirement for should take less than one minute. In
MCPSD@dot.gov, Federal Motor Carrier qualifying ‘‘short-haul’’ drivers. Drivers addition, the FMCSA believes that
Safety Administration, 1200 New Jersey do not have to maintain a RODS on while it is appropriate to relieve drivers
Avenue SE., Washington, DC 20590– board the CMV if they (1) operate within of the task of maintaining a RODS if
0001. a 100 air-mile radius of the normal work they limit their duty day to 12 hours,
Docket: For access to the docket to reporting location, (2) return to the work enforcement of the 11-hour and 14-hour
read background documents or reporting location and are released from rules would be severely hampered if
comments submitted to notice duty within 12 hours of the time they roadside officials were deprived of the
requesting public comments on the came on duty, (3) have at least 10 RODS of drivers whose duty days have
exemption application, go to consecutive hours off duty separating exceeded 12 hours.
www.regulations.gov at any time or visit each 12 hours on duty, (4) do not exceed The Agency reviewed Kreider’s
Room W12–140 on the ground level of 11 hours driving following 10 application and the public comments.
the West Building, 1200 New Jersey consecutive hours off duty, and (5) the By letter dated May 21, 2015, FMCSA
tkelley on DSK3SPTVN1PROD with NOTICES
Avenue SE., Washington, DC, between 9 motor carrier that employs them denied the application because the
a.m. and 5 p.m., ET, Monday through maintains and retains for a period of 6 Agency concluded that Kreider’s
Friday, except Federal holidays. The on- months accurate and true time records operations were not likely to achieve a
line Federal document management showing the time the drivers reported level of safety equivalent to or greater
system is available 24 hours each day, for duty, the time they are released from than the level of safety that would be
365 days each year. The docket number duty, and the total number of hours the achieved in the absence of the
is listed at the beginning of this notice. drivers are on duty. A driver who exemption [49 CFR 381.310(c)(5)]. A
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![36398 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices
copy of the denial letter is in the docket 1200 New Jersey Avenue SE., II. Exemption Decision
of this matter. Washington, DC, between 9 a.m. and 5 This notice addresses 23 individuals
Issued on: June 17, 2015. p.m., Monday through Friday, except who have requested renewal of their
Larry W. Minor, Federal Holidays. exemptions in accordance with FMCSA
• Fax: 1–202–493–2251. procedures. FMCSA has evaluated these
Associate Administrator for Policy.
Instructions: Each submission must 23 applications for renewal on their
[FR Doc. 2015–15519 Filed 6–23–15; 8:45 am]
include the Agency name and the merits and decided to extend each
BILLING CODE 4910–EX–P
docket number for this notice. Note that exemption for a renewable two-year
DOT posts all comments received period. They are:
without change to http:// Juan D. Adame, Jr. (TX), Stanley C.
DEPARTMENT OF TRANSPORTATION
www.regulations.gov, including any Anders (SD), David W. Bennett (NC),
Federal Motor Carrier Safety personal information included in a Joel A. Cabrera (FL), Sherman W.
Administration comment. Please see the Privacy Act Clapper (ID), John L. Elder, III (DE),
heading below. Eric Esplin (UT), Ronald R. Fournier
[Docket No. FMCSA–2001–9258; FMCSA– Docket: For access to the docket to
2005–20560; FMCSA–2006–24015; FMCSA– (NY), Anthony Hall (LA), Ronald D.
read background documents or Jackman II (NV), Thomas W. Kent
2007–27333; FMCSA–2009–0121; FMCSA–
2010–0354; FMCSA–2011–0024; FMCSA– comments, go to http:// (IN), Gerald Kortesmaki (MN), John
2011–0092; FMCSA–2011–0102; FMCSA– www.regulations.gov at any time or W. Locke (TX), Robert J. MacInnis
2013–0021] Room W12–140 on the ground level of (MA), Steve J. Morrison (ID), Ellie L.
the West Building, 1200 New Jersey Murphree (AL), Steven A. Proctor
Qualification of Drivers; Exemption Avenue, SE. Washington, DC, between 9 (TX), Adolph L. Romero (FL), Jose
Applications; Vision a.m. and 5 p.m., Monday through Sanchez-Sanchez (KS), Robert B.
AGENCY: Federal Motor Carrier Safety Friday, except Federal holidays. The Steinmetz (OR), Rodney W. Sukalski
Administration (FMCSA), DOT. Federal Docket Management System (MN), Larry D. Warneke (WA), Lonnie
(FDMS) is available 24 hours each day, D. Wendinger (MN).
ACTION: Notice of renewal of
365 days each year. If you want
exemptions; request for comments. The exemptions are extended subject
acknowledgment that we received your
to the following conditions: (1) That
SUMMARY: FMCSA announces its comments, please include a self-
each individual has a physical
decision to renew the exemptions from addressed, stamped envelope or
examination every year (a) by an
the vision requirement in the Federal postcard or print the acknowledgement
ophthalmologist or optometrist who
Motor Carrier Safety Regulations for 23 page that appears after submitting
attests that the vision in the better eye
individuals. FMCSA has statutory comments on-line.
continues to meet the requirements in
authority to exempt individuals from Privacy Act: In accordance with 5
49 CFR 391.41(b)(10), and (b) by a
the vision requirement if the U.S.C. 553(c), DOT solicits comments
medical examiner who attests that the
exemptions granted will not from the public to better inform its
individual is otherwise physically
compromise safety. The Agency has rulemaking process. DOT posts these
qualified under 49 CFR 391.41; (2) that
concluded that granting these comments, without edit, including any
each individual provides a copy of the
exemption renewals will provide a level personal information the commenter
ophthalmologist’s or optometrist’s
of safety that is equivalent to or greater provides, to www.regulations.gov, as
report to the medical examiner at the
than the level of safety maintained described in the system of records
time of the annual medical examination;
without the exemptions for these notice (DOT/ALL–14 FDMS), which can
and (3) that each individual provide a
commercial motor vehicle (CMV) be reviewed at www.dot.gov/privacy.
copy of the annual medical certification
drivers. FOR FURTHER INFORMATION CONTACT: to the employer for retention in the
DATES: This decision is effective July 22, Charles A. Horan, III, Director, Carrier, driver’s qualification file and retains a
2015. Comments must be received on or Driver and Vehicle Safety Standards, copy of the certification on his/her
before July 24, 2015. 202–366–4001, fmcsamedical@dot.gov, person while driving for presentation to
ADDRESSES: You may submit comments FMCSA, Department of Transportation, a duly authorized Federal, State, or local
bearing the Federal Docket Management 1200 New Jersey Avenue, SE., Room enforcement official. Each exemption
System (FDMS) numbers: Docket No. W64–224, Washington, DC 20590–0001. will be valid for two years unless
[Docket No. FMCSA–2001–9258; Office hours are from 8:30 a.m. to 5 p.m. rescinded earlier by FMCSA. The
FMCSA–2005–20560; FMCSA–2006– Monday through Friday, except Federal exemption will be rescinded if: (1) The
24015; FMCSA–2007–27333; FMCSA– holidays. person fails to comply with the terms
2009–0121; FMCSA–2010–0354; SUPPLEMENTARY INFORMATION: and conditions of the exemption; (2) the
FMCSA–2011–0024; FMCSA–2011– I. Background exemption has resulted in a lower level
0092; FMCSA–2011–0102; FMCSA– of safety than was maintained before it
2013–0021], using any of the following Under 49 U.S.C. 31136(e) and 31315, was granted; or (3) continuation of the
methods: FMCSA may renew an exemption from exemption would not be consistent with
• Federal eRulemaking Portal: Go to the vision requirements in 49 CFR the goals and objectives of 49 U.S.C.
http://www.regulations.gov. Follow the 391.41(b)(10), which applies to drivers 31136(e) and 31315.
on-line instructions for submitting of CMVs in interstate commerce, for a
two-year period if it finds ‘‘such III. Basis for Renewing Exemptions
comments.
tkelley on DSK3SPTVN1PROD with NOTICES
• Mail: Docket Management Facility; exemption would likely achieve a level Under 49 U.S.C. 31315(b)(1), an
U.S. Department of Transportation, 1200 of safety that is equivalent to or greater exemption may be granted for no longer
New Jersey Avenue SE., West Building than the level that would be achieved than two years from its approval date
Ground Floor, Room W12–140, absent such exemption.’’ The and may be renewed upon application
Washington, DC 20590–0001. procedures for requesting an exemption for additional two year periods. In
• Hand Delivery or Courier: West (including renewals) are set out in 49 accordance with 49 U.S.C. 31136(e) and
Building Ground Floor, Room W12–140, CFR part 381. 31315, each of the 23 applicants has
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Document Created: 2015-12-15 14:08:53
Document Modified: 2015-12-15 14:08:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final disposition; denial of application for exemption. | |
| Dates | FMCSA denied the application for exemption by letter dated May 21, 2015, after notice and opportunity for public comment. | |
| Contact | Mr. Robert F. Schultz, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325, Email: [email protected], Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. | |
| FR Citation | 80 FR 36397 |
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