[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Notices]
[Pages 52872-52873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22707]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0235]
Hours of Service of Drivers: Wolfe House Movers, LLC and Wolfe
House Movers of Indiana, LLC; 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 a joint application from
Wolfe House Movers, LLC and Wolfe House Movers of Indiana, LLC (Wolfe)
requesting an exemption from the hours-of-service (HOS) regulations for
drivers operating commercial motor vehicles (CMV) that transport steel
beams and dollies to and from various job sites for lifting and moving
buildings. Wolfe requests an exemption to use the 70-hour/8-day rule
for its CMV operations although the company does not operate CMVs 7
days a week. FMCSA requests public comment on this application for
exemption.
DATES: Comments must be received on or before November 19, 2018.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2018-0235 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 on-line 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 Ms. Pearlie Robinson, FMCSA Driver and Carrier
Operations Division; Telephone: (202) 366-4225; 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-2018-0235), 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-2018-0235'' in the ``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
[[Page 52873]]
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
Wolfe House Movers, LLC (USDOT 1279267), and Wolfe House Movers of
Indiana, LLC (USDOT 1679025) (Wolfe) seek an exemption from the HOS
requirements of 49 CFR 395.3(b)(1) which prohibits a motor carrier from
permitting or requiring a driver to drive a property-carrying CMV after
the driver has been on duty 60 hours within a period of 7 consecutive
days if the employing motor carrier does not operate CMVs every day of
the week. Wolfe does not operate CMVs every day of the week and is
prohibited from using the 70-hour/8-day rule in 49 CFR 395.3(b)(2) for
its business operations.
According to Wolfe, its primary line of business is lifting and
moving buildings. Drivers employed by Wolfe transport steel beams and
dollies to and from various jobsites where work is performed. Wolfe
advises that its owners believe that Sunday is a day of rest and
worship and refuse any business opportunities that would require Sunday
work.
Because Wolfe does not conduct business on Sunday, its commericial
business operations are subject to the 60-hours-in-7-day rule set forth
in 49 CFR 395.3(b)(1). Due to the geographical spread of its
operations, Wolfe asserts that the 60 hour limitation is a substantial
burden. Wolfe explained in its application that the company attempts to
schedule work so that all crews can be at their home terminal before
the 60th on-duty hour of the week. However, weather, traffic, or
jobsite conditions sometimes delay completion of projects causing crews
to be stranded one or two hours' drive from the home terminal. When
delays occur relief drivers are sent in non-commercial vehicles to pick
up stranded drivers so that the drivers who have run out of hours can
drive back to the home terminal using the non-commercial vehicles while
the relief drivers return the CMVs to the terminal.
Wolfe reports that it is a small company and it is difficult to
have relief drivers available on short notice and it is unproductive
and costly for the company. Wolfe asserts that the stress and pressure
associated with approaching the 60-hour cut-off is likely to have a
detrimental effect on the safety performance of even well-trained and
well-qualified drivers.
According to Wolfe, allowing it to use the 70-hour/8-day HOS
ruleset for all drivers not operating CMVs on Sundays would provide the
following significant safety benefits:
The need for relief drivers would be significantly reduced
or completely eliminated. This would result in fewer on-road miles
driven (by eliminating the need for a relief driver to drive up to 100
miles out to pick up the CMV and for the regular driver to drive the
non-CMV back the same 100 miles). This would also mean that the CMV
would continue to be driven by the driver most familiar with it, rather
than a part-time driver.
Drivers would be less stressed, knowing that they have
sufficient time to complete their weekly schedule even if they are
delayed by heavy traffic, weather conditions, etc.
A copy of Wolfe'ss application for exemption is available for
review in the docket for this notice.
Issued on: October 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-22707 Filed 10-17-18; 8:45 am]
BILLING CODE 4910-EX-P