[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Notices]
[Pages 52869-52870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22703]



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DEPARTMENT OF TRANSPORTATION



Federal Motor Carrier Safety Administration



[Docket No. FMCSA-2018-0236]




Hours of Service of Drivers: Rota-Mill, Inc.; 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 from Rota-

Mill, Inc. (Rota-Mill) requesting exemptions from two requirements of 

the hours-of-service (HOS) regulations for drivers of commercial motor 

vehicles (CMVs): (1) The 30-minute rest break provision and (2) the 

requirement that short-haul drivers utilizing the record of duty status 

(RODS) exception return to their work-reporting location within 12 

hours of coming on duty. The first exemption would enable drivers 

engaged in the transportation of milled asphalt and related materials 

and equipment to use 30 minutes or more of on-duty ``waiting time'' at 

a jobsite to satisfy the requirement for the 30-minute rest break, 

provided they do not perform any other work during the break. The 

second exemption would allow these drivers to use the short-haul 

exception, but return to their work-reporting location within 14 hours 

instead of the current 12 hours. FMCSA requests public comment on Rota-

Mill's application for exemptions.



DATES: Comments must be received on or before November 19, 2018.



ADDRESSES: You may submit comments identified by Federal Docket 

Management System Number FMCSA-2018-0236 by any of the following 

methods:

     Federal eRulemaking Portal: www.regulations.gov. See the 

Public Participation and Request for Comments section below for further 

information.

     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, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. 

E.T., Monday through Friday, except Federal holidays.

     Fax: 1-202-493-2251.

    Each submission must include the Agency name and the docket number 

for this notice. Note that DOT posts all comments received without 

change to www.regulations.gov, including any personal information 

included in a comment. Please see the Privacy Act heading below.

    Docket: For access to the docket to read background documents or 

comments, 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 online FDMS is available 24 hours each 

day, 365 days each year.

    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 

comments from the public to better inform its rulemaking process. DOT 

posts these comments, without edit, including any personal information 

the commenter provides, to www.regulations.gov, as described in the 

system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 

www.dot.gov/privacy.



FOR FURTHER INFORMATION CONTACT: For information concerning this 

notice, please contact Mr. Richard Clemente, FMCSA Driver and Carrier 

Operations Division; Telephone: (202) 366-2722; Email: [email protected]. 

If you have questions on viewing or submitting material to the docket, 

contact Docket Services, telephone (202) 366-9826.



SUPPLEMENTARY INFORMATION: 



I. Public Participation and Request for Comments



    FMCSA encourages you to participate by submitting comments and 

related materials.



Submitting Comments



    If you submit a comment, please include the docket number for this 

notice (FMCSA-2018-0236), indicate the specific section of this 

document to which the comment applies, and provide a reason for 

suggestions or recommendations. You may submit your comments and 

material online or by fax, mail, or hand delivery, but please use only 

one of these means. FMCSA recommends that you include your name and a 

mailing address, an email address, or a phone number in the body of 

your document so the Agency can contact you if it has questions 

regarding your submission.

    To submit your comment online, go to www.regulations.gov and put 

the docket number, ``FMCSA-2018-0236'' in the



[[Page 52870]]



``Keyword'' box, and click ``Search.'' When the new screen appears, 

click on ``Comment Now!'' button and type your comment into the text 

box in the following screen. Choose whether you are submitting your 

comment as an individual or on behalf of a third party and then submit. 

If you submit your comments by mail or hand delivery, submit them in an 

unbound format, no larger than 8\1/2\ by 11 inches, suitable for 

copying and electronic filing. If you submit comments by mail and would 

like to know that they reached the facility, please enclose a stamped, 

self-addressed postcard or envelope. FMCSA will consider all comments 

and material received during the comment period and may grant or not 

grant this application based on your comments.



II. Legal Basis



    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 

exemptions from certain 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 (up to 5 

years) and explain the terms and conditions of the exemption. The 

exemption may be renewed (49 CFR 381.300(b)).



III. Request for Exemption



    Rota-Mill seeks exemptions for all of its drivers transporting 

milled asphalt and related materials and equipment from the HOS 30-

minute rest break provision in 49 CFR 395.3(a)(3)(ii) and the 

restriction of the RODS exception for short-haul operations to drivers 

who return to their normal work-reporting location within 12 hours [49 

CFR 395.1(e)(1)(ii)(A)].

    Rota-Mill employs approximately 21 commercial driver's license 

holders who are the operators of the heavy equipment. They drive to the 

job location, then operate the equipment they deliver. Their driving 

time for any given day would be less than 5 hours. A considerable 

amount of Rota-Mill's jobs are between one and one-and-a-half hours 

away. If the job is for 8 hours, these drivers can easily return to 

Rota-Mill's facility within the 12-hour limit of the short-haul 

exception in 395.1(e). The issue arises when Rota-Mill's crews arrive 

on a job, and the job increases in size as a result of some unforeseen 

circumstance. In this case, the Rota-Mill drivers are sometimes 

required to work longer than 12 hours.

    The first exemption from the HOS rest break provision, if granted, 

would enable drivers engaged in the transportation of milled asphalt 

and related materials to use 30 minutes or more of on-duty ``waiting 

time'' to satisfy the requirement for the 30-minute rest break, 

provided they do not perform any other work during the break. This 

would apply when the drivers are not eligible for the short-haul 

exception. According to Rota-Mill, the requirement for the 30-minute 

break after the first 8 hours on duty is difficult for their drivers, 

because the time actually driving a CMV is typically only a few hours 

per day, with the rest of the day assigned to some other task. Rota-

Mill dump truck operators are required to wait at quarries and various 

other locations, and cannot get out of line to take their required 30-

minute break. Extending the short-haul exception without the 30-minute 

mandatory break would help make Rota-Mill's system run more efficiently 

and ultimately be safer.

    The second exemption, if granted, would allow these same drivers to 

use the short-haul RODS exception but with a 14-hour duty period 

instead of 12 hours. Rota-Mill advises that providing the requested 

relief would allow all of their drivers to get home in a compliant 

amount of time without the burden of having to maintain a full record 

of duty status or taking the currently required 30-minute break if they 

exceed the 12-hour work day. Additionally, granting these requested 

exemptions would ease confusion and provide clarity for Rota-Mill 

drivers who may mistakenly believe they are covered under the short-

haul exception.

    Rota-Mill states in its application that drivers would receive 

sufficient rest due to the nature of their operations that limits 

driving to an average of six to seven hours per day or less during the 

road milling season. Rota-Mill believes that granting these exemptions 

would achieve the same level of safety provided by the two HOS rules. 

In an effort to ensure the same level of safety is maintained by 

complying with the regulations, Rota-Mill will add fatigue management 

training for its drivers. The requested exemptions are for 5 years. A 

copy of Rota-Mill's application for exemptions is available for review 

in the docket for this notice.



    Issued on: October 12, 2018.

Larry W. Minor,

Associate Administrator for Policy.

[FR Doc. 2018-22703 Filed 10-17-18; 8:45 am]

 BILLING CODE 4910-EX-P