[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11504-11505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03780]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0013]


Hours of Service of Drivers: Application for Exemption; Matthew 
Killmer

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that Matthew Killmer has requested an 
exemption from the hours-of-service (HOS) regulations to allow him to 
split his sleeper-berth time into two 5-hour periods. The applicant 
indicates that the exemption would allow him to be a more alert and 
well rested commercial motor vehicle (CMV) operator and allow him to 
find a safe place to park his CMV. FMCSA requests public comment on the 
applicant's request for exemption.

DATES: Comments must be received on or before March 27, 2023.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2023-0013 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 Operations, 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 (FMCSA-2023-0013). 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 20590-0001 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 
Docket Operations.
    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: 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 Operations, 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-2023-0013), 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-2023-0013'' in the ``Search'' box, and click 
``Search.'' When the new screen appears, click on ``Documents'' button, 
then click the ``Comment'' button associated with the latest notice 
posted. Another screen will appear, insert the required information. 
Choose whether you are submitting your comment as an individual, an 
organization, or anonymous. Click ``Submit Comment.''
    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 materials received during the comment period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from certain Federal Motor Carrier Safety Regulations. 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

[[Page 11505]]

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

Applicant's Request

    Matthew Killmer requests an exemption from certain restrictions 
imposed in 49 CFR 395.1(g)(1)(i)(D) on the use of the sleeper berth to 
accumulate the required off-duty time under 49 CFR 395.3(a)(1). Section 
395.1(g)(1)(i)(D), in relevant part, allows a driver operating a CMV 
equipped with a sleeper berth to obtain the required 10-hour rest 
period in a sleeper berth. To use this provision however, the driver 
must use a combination of sleeper berth time of not more than two 
periods of either sleeper berth time or a combination of off-duty time 
and sleeper berth time totaling ten hours if: (1) neither rest period 
is shorter than 2 hours; and (2) one rest period is at least 7 
consecutive hours in the sleeper berth; and (3) driving time before and 
after each rest period, when added together does not exceed 11 hours 
under 395.3(a)(3) and does not violate the 14-hour duty-period limit 
under 395.3(a)(2). Mr. Killmer requests that he, and other drivers, be 
allowed to shorten the required 7 consecutive hour sleeper berth period 
to 5 hours to accumulate the required 10-hour rest period.
    A copy of Matthew Killmer's application for exemption is included 
in the docket for this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on Matthew Killmer's application 
for an exemption from the sleeper-berth provision in the HOS 
regulations in 49 CFR 395(g)(1)(i)(D). All comments received before the 
close of business on the comment closing date indicated at the 
beginning of this notice will be considered and will be available for 
examination in the docket at the location listed under the Addresses 
section of this notice. Comments received after the comment closing 
date will be filed in the public docket and will be considered to the 
extent practicable.
    In addition to late comments, FMCSA will also continue to file, in 
the public docket, relevant information that becomes available after 
the comment closing date. Interested persons should continue to examine 
the public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-03780 Filed 2-22-23; 8:45 am]
BILLING CODE 4910-EX-P