80_FR_36522 80 FR 36401 - Applications for Exemption

80 FR 36401 - Applications for Exemption

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 121 (June 24, 2015)

Page Range36401-36401
FR Document2015-15514

FMCSA announces its decision to deny the applications for exemption from its regulations submitted by David Muresan, Payne & Dolan, Inc., Zenith Tech, Inc., and Northeast Asphalt, Inc. FMCSA has analyzed the applications for exemption and public comments received on each, and rendered its decisions based upon the merits of each application.

Federal Register, Volume 80 Issue 121 (Wednesday, June 24, 2015) 
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Notices]
[Page 36401]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15514]



[[Page 36401]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-2013-0047, FMCSA-2014-0034]


Applications for Exemption

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

ACTION: Notice of final disposition; denial of applications for 
exemption.

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SUMMARY: FMCSA announces its decision to deny the applications for 
exemption from its regulations submitted by David Muresan, Payne & 
Dolan, Inc., Zenith Tech, Inc., and Northeast Asphalt, Inc. FMCSA has 
analyzed the applications for exemption and public comments received on 
each, and rendered its decisions based upon the merits of each 
application.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION: 

Docket

    You may read the applications for exemption, background documents, 
public comments and the Agency's letters of final determination in the 
dockets of these applications by going to www.regulations.gov, 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. 31315 and 31136(e) to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations (FMCSRs) (49 CFR part 350 et seq.). The Agency is required 
to publish a notice of each exemption request in the Federal Register 
[49 CFR 381.315(a)]. FMCSA 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. FMCSA reviews the 
applications for exemption, safety analyses and 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 with the reasons 
for denying or granting the application [49 CFR 381.315(b) and (c)].

David Muresan [Docket FMCSA-2013-0047]

    David Muresan is a long-haul CMV driver who believes the hours-of-
service (HOS) rules (49 CFR part 395) of the FMCSRs require him to 
drive when he is sleepy. He believes that he could operate more safely 
if he could decide when he needs sleep. Mr. Muresan proposes that he be 
exempt from all the HOS rules and be subject to certain rules he has 
designed. The HOS rules generally require CMV drivers transporting 
property to obtain at least 10 consecutive hours off duty between 
workdays. Mr. Muresan proposes that he be permitted to operate at any 
time that he has accumulated 10 hours off duty by any number of breaks 
of any length he chooses. Mr. Muresan also proposes that 24 consecutive 
hours at his residence would permit him to return to ``reset'' his 
driving ``clock;'' current rules require a minimum of 34 consecutive 
hours for such a restart. Mr. Muresan claims that, under his proposed 
rules, he would likely achieve a level of safety equivalent to or 
greater than the level of safety that would be obtained in the absence 
of the exemption. However, he does not provide data or explain how he 
reaches this conclusion. Mr. Muresan wants to determine when he is 
sufficiently rested to resume driving, but, as FMCSA has indicated in 
its HOS rulemakings, research indicates that individuals are not 
necessarily good judges of whether or not they are rested.
    On December 17, 2013, FMCSA published notice of this application 
(78 FR 76392). None of the three comments received were supportive of 
the application. FMCSA concludes that Mr. Muresan has failed to explain 
how he would ensure that he can achieve a level of safety that is 
equivalent to, or greater than, the level of safety that would be 
obtained by complying with the HOS rules. A copy of the denial letter 
dated April 7, 2015, is included in the docket number referenced above.

Payne and Dolan, Inc., Zenith Tech, and Northeast Asphalt, Inc. [Docket 
FMCSA-2014-0034]

    These three construction companies applied jointly for an exemption 
from Sec.  395.3(a)(3)(ii), barring operation of a CMV by a driver if 8 
hours have passed since the end of the driver's last off duty or 
sleeper-berth period of at least 30 minutes. Their drivers operate CMVs 
in support of nighttime road repair and maintenance operations. The 
drivers deliver equipment and materials to work zones, spending an 
average of 2 hours per day behind the wheel operating a CMV. The 
companies state that their deliveries are often time sensitive; they 
cite asphalt as a material that must be delivered before its initial 
temperature drops appreciably. The companies allege that the mandatory 
30-minute break unduly constrains their ability to deliver as 
circumstances dictate. They also state that the limited amount of time 
their CMV drivers spend behind the wheel, as well as their frequent 
breaks of less than 30 minutes, make them less susceptible to fatigue 
than CMV drivers who spend most of their workday behind the wheel.
    On August 6, 2014, FMCSA published notice of this application (79 
FR 45865). Comments in favor of the application and containing 
identical text were submitted by 438 individuals affiliated with the 
applicants; a comment in opposition to the application was also 
submitted. The FMCSA has reviewed the application and the public 
comments and determined that it would not be appropriate to grant the 
exemption. The Agency believes that minimal effort would be needed for 
these drivers to extend one of their frequent short breaks to 30 
minutes. Absent a break of at least 30 minutes, FMCSA concludes that it 
would be unlikely that these drivers would achieve a level of safety 
that is equivalent to, or greater than, the level of safety achieved 
without the exemption [49 CFR 381.305(a)]. A copy of the denial letter 
dated January 26, 2015, is included in the docket number referenced 
above.

    Issued on: June 16, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-15514 Filed 6-23-15; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices 36401 DEPARTMENT OF TRANSPORTATION the reasons for denying or granting the work zones, spending an average of 2 application [49 CFR 381.315(b) and (c)]. hours per day behind the wheel Federal Motor Carrier Safety operating a CMV. The companies state Administration David Muresan [Docket FMCSA–2013– that their deliveries are often time 0047] [Docket Nos. FMCSA–2013–0047, FMCSA– sensitive; they cite asphalt as a material David Muresan is a long-haul CMV that must be delivered before its initial 2014–0034] driver who believes the hours-of-service temperature drops appreciably. The Applications for Exemption (HOS) rules (49 CFR part 395) of the companies allege that the mandatory 30- FMCSRs require him to drive when he minute break unduly constrains their AGENCY: Federal Motor Carrier Safety is sleepy. He believes that he could ability to deliver as circumstances Administration (FMCSA), DOT. operate more safely if he could decide dictate. They also state that the limited ACTION: Notice of final disposition; when he needs sleep. Mr. Muresan amount of time their CMV drivers spend denial of applications for exemption. proposes that he be exempt from all the behind the wheel, as well as their HOS rules and be subject to certain frequent breaks of less than 30 minutes, SUMMARY: FMCSA announces its rules he has designed. The HOS rules decision to deny the applications for make them less susceptible to fatigue generally require CMV drivers than CMV drivers who spend most of exemption from its regulations transporting property to obtain at least submitted by David Muresan, Payne & their workday behind the wheel. 10 consecutive hours off duty between On August 6, 2014, FMCSA published Dolan, Inc., Zenith Tech, Inc., and workdays. Mr. Muresan proposes that Northeast Asphalt, Inc. FMCSA has notice of this application (79 FR 45865). he be permitted to operate at any time Comments in favor of the application analyzed the applications for exemption that he has accumulated 10 hours off and public comments received on each, and containing identical text were duty by any number of breaks of any submitted by 438 individuals affiliated and rendered its decisions based upon length he chooses. Mr. Muresan also the merits of each application. with the applicants; a comment in proposes that 24 consecutive hours at opposition to the application was also FOR FURTHER INFORMATION CONTACT: Mr. his residence would permit him to Thomas Yager, Chief, FMCSA Driver submitted. The FMCSA has reviewed return to ‘‘reset’’ his driving ‘‘clock;’’ the application and the public and Carrier Operations Division; Office current rules require a minimum of 34 of Carrier, Driver and Vehicle Safety comments and determined that it would consecutive hours for such a restart. Mr. not be appropriate to grant the Standards; Telephone: 202–366–4325. Muresan claims that, under his Email: MCPSD@dot.gov. exemption. The Agency believes that proposed rules, he would likely achieve minimal effort would be needed for SUPPLEMENTARY INFORMATION: a level of safety equivalent to or greater these drivers to extend one of their than the level of safety that would be Docket frequent short breaks to 30 minutes. obtained in the absence of the You may read the applications for Absent a break of at least 30 minutes, exemption. However, he does not exemption, background documents, FMCSA concludes that it would be provide data or explain how he reaches public comments and the Agency’s unlikely that these drivers would this conclusion. Mr. Muresan wants to letters of final determination in the achieve a level of safety that is determine when he is sufficiently rested dockets of these applications by going to equivalent to, or greater than, the level to resume driving, but, as FMCSA has www.regulations.gov, or to Room W12– of safety achieved without the indicated in its HOS rulemakings, 140, DOT Building, 1200 New Jersey exemption [49 CFR 381.305(a)]. A copy research indicates that individuals are Ave. SE., Washington, DC, between 9 of the denial letter dated January 26, not necessarily good judges of whether a.m. and 5 p.m., e.t., Monday through 2015, is included in the docket number or not they are rested. Friday, except Federal holidays. On December 17, 2013, FMCSA referenced above. published notice of this application (78 Issued on: June 16, 2015. Background FR 76392). None of the three comments Larry W. Minor, FMCSA has authority under 49 U.S.C. received were supportive of the Associate Administrator for Policy. 31315 and 31136(e) to grant exemptions application. FMCSA concludes that Mr. [FR Doc. 2015–15514 Filed 6–23–15; 8:45 am] from certain parts of the Federal Motor Muresan has failed to explain how he BILLING CODE 4910–EX–P Carrier Safety Regulations (FMCSRs) (49 would ensure that he can achieve a level CFR part 350 et seq.). The Agency is of safety that is equivalent to, or greater required to publish a notice of each than, the level of safety that would be DEPARTMENT OF TRANSPORTATION exemption request in the Federal obtained by complying with the HOS Register [49 CFR 381.315(a)]. FMCSA rules. A copy of the denial letter dated Federal Transit Administration must provide the public an opportunity April 7, 2015, is included in the docket to inspect the information relevant to [FTA Docket No. FTA–2015–0018] number referenced above. the application, including any safety Payne and Dolan, Inc., Zenith Tech, Notice of Request for Extension of a analyses that have been conducted. The and Northeast Asphalt, Inc. [Docket Currently Approved Information Agency must also provide an FMCSA–2014–0034] Collection opportunity for public comment on the request. FMCSA reviews the These three construction companies AGENCY: Federal Transit Administration, applications for exemption, safety applied jointly for an exemption from DOT. analyses and public comments and § 395.3(a)(3)(ii), barring operation of a ACTION: Notice of request for comments. tkelley on DSK3SPTVN1PROD with NOTICES determines whether granting the CMV by a driver if 8 hours have passed exemption would likely achieve a level since the end of the driver’s last off duty SUMMARY: In accordance with the of safety equivalent to or greater than or sleeper-berth period of at least 30 Paperwork Reduction Act of 1995, this the level that would be achieved by the minutes. Their drivers operate CMVs in notice announces the intention of the current regulation (49 CFR 381.305). support of nighttime road repair and Federal Transit Administration (FTA) to The decision of the Agency must be maintenance operations. The drivers request the Office of Management and published in the Federal Register with deliver equipment and materials to Budget (OMB) to approve the revision of VerDate Sep<11>2014 16:43 Jun 23, 2015 Jkt 235001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\24JNN1.SGM 24JNN1


Document Created: 2015-12-15 14:09:11
Document Modified: 2015-12-15 14:09:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition; denial of applications for exemption.
ContactMr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325. Email: [email protected]
FR Citation80 FR 36401 
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