[Federal Register Volume 78, Number 86 (Friday, May 3, 2013)]
[Notices]
[Pages 26104-26105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10525]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0069]


Hours of Service of Drivers: Application for Exemption; 
Timberdoodle Company

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 Timberdoodle Company (Timberdoodle)

[[Page 26105]]

has applied for an exemption from a provision of the ``Hours of Service 
[HOS] of Drivers'' regulations (49 CFR part 395). Timberdoodle seeks 
exemption from section 395.3(b)(1) which prohibits drivers of 
commercial motor vehicles (CMVs) from driving after accumulating 60 
hours on duty in a period of 7 days. Timberdoodle asks that its drivers 
be exempted from including on-duty time that is not driving time in 
this calculation. Timberdoodle states that CMV operations under its 
proposed rules are likely to achieve a level of safety equivalent to or 
greater than the level of safety as would be obtained in the absence of 
the exemption.

DATES: Comments must be received on or before June 3, 2013.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2013-0069 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, DOT Building, 1200 New Jersey Avenue SE., between 9 a.m. 
and 5 p.m. e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov at any time and in the box 
labeled ``SEARCH for'' enter FMCSA-2013-0069 and click on the tab 
labeled ``SEARCH.''
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review a 
Privacy Act notice regarding our public dockets in the January 17, 
2008, issue of the Federal Register (73 FR 3316).
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help and guidelines by clicking on the word 
``Help'' at the top of the Portal home page. 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 online. Comments received after the 
comment closing date will be included in the docket, and we will 
consider late comments to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division; Office of Bus and Truck Standards and 
Operations; Telephone: 202-366-4325. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    FMCSA has authority under 49 U.S.C. 31315 and 31136(e) to grant 
exemptions from certain parts of the FMCSRs. 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 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 of safety that would be obtained in the absence 
of the exemption (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, and if granted, the name of the person or 
class of persons receiving the exemption, and the regulatory provisions 
from which the exemption is granted [49 CFR 381.315(b) and (c)]. The 
notice must specify the effective period of the exemption, and its 
terms or conditions. The exemption may be renewed [49 CFR 381.300(b)].

The HOS Rules

    Part 395 of volume 49 of the Code of Federal Regulations, ``Hours 
of Service of Drivers,'' prescribes various maximums, such as driving 
time, as well as minimums, such as the amount of off-duty time, that 
the driver of a property-carrying CMV must obtain before beginning a 
duty period. Section 395.3 prohibits driving after a driver has been on 
duty for 60 hours in a period of 7 consecutive days, or 70 hours in 8 
consecutive days if a company operates every day of the week. On-duty 
time includes both time spent operating a CMV, recorded as ``on duty/
driving'' time, and time spent at the employer's behest on matters 
other than driving, recorded as ``on duty/not driving'' time.

Application for Exemption

    Timberdoodle uses its CMVs to travel to conferences and 
conventions, where it sets up sales displays. The CMV drivers staff the 
display booth, which consumes more of their time than driving.
    Timberdoodle is asking that two of its drivers be exempt from the 
HOS rule prohibiting driving after drivers accumulate a total of 60 
hours of on-duty time in any period of 7 consecutive days. Timberdoodle 
requests that, instead, its drivers be subject to the prohibition after 
60 hours of driving time in any 7 consecutive day period. ``On duty/not 
driving'' time would be removed from the calculation of total hours on 
duty. Timberdoodle drivers would comply with all other HOS regulations.
    A copy of Timberdoodle's application for exemption is in Docket 
FMCSA-2013-0069.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Timberdoodle's application for exemption 
from section 395.3(b)(1). The Agency will consider all comments 
received by close of business on May 23, 2013. Comments will be 
available for examination in the docket as explained in the ADDRESSES 
section of this notice under the term ``Docket.'' The Agency will 
consider to the extent practicable comments received in the public 
docket after the closing date of the comment period.

    Issued on: April 24, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-10525 Filed 5-2-13; 8:45 am]
BILLING CODE 4910-EX-P