[Federal Register Volume 88, Number 12 (Thursday, January 19, 2023)]
[Notices]
[Pages 3458-3459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00975]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0139]
Hours of Service of Drivers: Application for Exemption; Ronnie
Brown III
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; denial of application for
exemption.
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SUMMARY: FMCSA announces its decision to deny the application from
Ronnie Brown III requesting an exemption from five provisions of the
Federal hours of service (HOS) regulations and the electronic logging
device (ELD) regulations. FMCSA analyzed the application and public
comments and determined that the exemption would not achieve a level of
safety that is equivalent to, or greater than, the level that would be
achieved absent such exemption.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-366-2722 or [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
Viewing Comments and Documents
To view comments, go to www.regulations.gov, insert the docket
number ``FMCSA-2022-0139'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``View Related Comments.''
To view documents mentioned in this notice as being available in
the docket, go to www.regulations.gov, insert the docket number
``FMCSA-2022-0139'' in the keyword box, click ``Search,'' and chose the
document to review.
If you do not have access to the internet, you may view the docket
by visiting Dockets Operations in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays. To be sure someone is there to help you, please call (202)
366-9317 or (202) 366-9826 before visiting Dockets Operations.
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. Background
Current Regulatory Requirements
To reduce the possibility of driver fatigue, FMCSA's HOS
regulations in 49 CFR part 395 place limits on the amount of time
drivers of commercial motor vehicles (CMVs) may drive. The HOS
regulations in 49 CFR 395.3(a)(1) prohibit an individual from driving
again after 11 hours driving or 14 hours on duty until they have been
off duty for a minimum of 10 consecutive hours, or
[[Page 3459]]
the equivalent of at least 10 consecutive hours off duty. Under 49 CFR
395.3(a)(2)--commonly referred to as the 14-hour ``driving window''--a
driver has 14 consecutive hours in which to drive up to 11 hours after
being off duty for 10 or more consecutive hours. Section 395.3(b)(1)
prohibits drivers for a motor carrier that does not operate CMVs every
day of the week from driving a CMV after being on duty for 60 hours
during any 7 consecutive days, and section 395.3(b)(2) prohibits
drivers for a motor carrier that operates CMVs every day of the week
from driving a CMV after being on duty for 70 hours in any 8
consecutive days. The ELD regulations in 49 CFR part 395, subpart B,
specify minimum performance and design standards and requirements for
the mandatory use of these devices by drivers currently required to
prepare HOS records of duty status.
Applicant's Request
Ronnie Brown III requests a five-year exemption from 49 CFR
395.3(a)(1), section 395.3(a)(3)(i), section 395.3(a)(2), section
395.3(b)(1) and (2), and the ELD regulations in 49 CFR part 395 subpart
B. The applicant is a CMV operator who drives for Gray Transportation
in Waterloo, Iowa, and has been driving for 15 years. The requested
exemption is solely for Mr. Brown. The applicant states that the HOS
regulations create ``safety concerns'' because they do not always
coincide with his natural sleep patterns and are a ``one size fits all
set of rules.'' He further adds that he ``can safely drive . . . no
matter the amount of sleep [he] get[s] or the length of drive time.''
IV. Method To Ensure an Equivalent or Greater Level of Safety
The applicant believes that his level of safety under the
exemption, if granted, would be better than he could achieve by
complying with the HOS and ELD regulations because he will receive the
proper rest needed when he needs it. He states that he can safely drive
and knows when he is tired and does not push beyond his limits of
safety, regardless of the amount of sleep he gets or the length of
drive time. He states that he always maintains a safe distance from
other vehicles, has an excellent driving record, and has never been
involved in a preventable crash.
V. Public Comments
On August 19, 2022, FMCSA published Mr. Brown's application and
requested public comment [87 FR 51189]. The Agency received 1,223
comments, nearly all filed by individual drivers and owner-operators.
Of that total, 587 comments supported the request, 119 opposed it, and
another 515 commenters offered no position either for or against the
request, but instead submitted general comments on the HOS and ELD
regulations. Joint comments in opposition to the exemption were filed
by the Truck Safety Coalition, Citizens for Reliable and Safe Highways
(CRASH), and Parents Against Tired Truckers (PATT). The AFL-CIO/
Transportation Trades Division (TTD) also opposed the exemption
request. The Truck Safety Coalition stated: ``[we] strongly request
this inadequately justified exemption to HOS and ELD requirements be
denied in full. Large truck crash fatalities continue to increase at an
alarming pace, and it is incumbent on the Department of Transportation
and FMCSA to take every measure possible to reverse this trend and
affirm life safety as its top priority by denying the request.'' The
AFL-CIO/TTD urged FMCSA to reject the request, stating, ``While we are
sensitive to the needs of drivers, it is simply irresponsible to
address concerns with HOS and ELD regulations by wholesale exempting
particular individuals from these important safeguards.''
Other general ``themes'' from those who opposed the request
included that: (1) there is no data provided for an equivalent level of
safety; (2) HOS rules do save lives and are there for everyone's
safety; (3) this request cannot be granted for individuals; (4) if the
Agency granted this exemption for one individual, then FMCSA must grant
it for everyone; and (5) drivers can utilize the provision in 49 CFR
392.3 if they feel ill or fatigued. Many of the commenters said that if
the exemption were granted, they and numerous others would apply for a
similar exemption. Others provided general comments requesting changes
to many facets of the HOS and ELD regulations.
VI. FMCSA Safety Analysis and Decision
FMCSA evaluated Mr. Brown's application and the public comments and
denies the exemption request. Mr. Brown failed to establish that he
would maintain a level of safety equivalent to, or greater than, the
level achieved without the exemption. The Agency established and
enforces the HOS regulations to keep fatigued drivers off the public
roadways. Research studies demonstrate that long work hours reduce
sleep and harm driver health and that crash risk increases with work
hours. The HOS regulations impose limits on when and how long an
individual may drive to ensure that drivers stay awake and alert and to
reduce the possibility of cumulative fatigue. The Agency agrees with
commenters that if it exempts one individual from the HOS regulations,
it could open the door for a huge number of similar exemption requests.
Such a result would be inconsistent with a primary goal of the HOS
regulations.
For the above reasons, FMCSA denies Ronnie Brown's exemption
application.
Robin Hutcheson,
Administrator.
[FR Doc. 2023-00975 Filed 1-18-23; 8:45 am]
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