[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Notices]
[Pages 78808-78809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25304]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0195]


Hours of Service of Drivers: Reiman Corp.; Application for 
Exemption

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 a request from Reiman Corp. for an exemption 
from certain hours-of-service (HOS) regulations. Reiman Corp.'s drivers 
transport latex embedded cement for use at highway construction sites. 
Reiman Corp. requests that it be allowed to operate under the same 
hours-of-service exception provided for ``specially trained drivers of 
commercial motor vehicles that are specially constructed to service oil 
wells.'' FMCSA requests public comment on the applicant's request for 
exemption.

DATES: Comments must be received on or before December 18, 2023.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number (FDMS) FMCSA-2023-0195 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, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday 
through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2023-0195) 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.

[[Page 78809]]

    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit 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 Dockets Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits 
comments from the public to better inform its exemption process. DOT 
posts these comments, 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 under the ``Department 
Wide System of Records Notices'' at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments 
are posted without edit and are searchable by the name of the 
submitter.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; 202-366-4225 or [email protected]. If you have 
questions on viewing or submitting material to the docket, contact 
Dockets 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-2023-0195), 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-2023-0195'' in the ``Keyword'' box, and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, click the ``Comment'' button, and type your 
comment into the text box on 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.

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 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 and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

III. Applicant's Request

    Reiman Corp. indicated that it is involved in the construction of 
highway roads and bridges. Reiman Corp. requests an exemption from 
certain HOS regulations because it considers its operations similar to 
oilfield operations exempted in 49 CFR 391.5(d)(2), including that its 
drivers are specially trained to operate vehicles that are specially 
designed to transport specific products with vehicle-mounted equipment. 
The requested exemption would allow Reiman Corp.'s drivers to record 
waiting time at construction sites as ``off-duty'' for purposes of 
Sec. Sec.  395.8 and 395.15. Further, waiting time would not be 
included in calculating the 14-hour period in Sec.  395.3(a)(2). 
However, Reiman Corp.'s specially trained drivers would not be eligible 
to use the short-haul operation provisions of Sec.  395.1(e)(1) if the 
company were granted this exemption.
    A copy of Reiman Corp.'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 Reiman Corp.'s application for 
an exemption from certain HOS regulations in 49 CFR part 395. 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 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. 2023-25304 Filed 11-15-23; 8:45 am]
BILLING CODE 4910-EX-P