[Federal Register Volume 89, Number 139 (Friday, July 19, 2024)]
[Notices]
[Pages 58875-58876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15879]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0195]


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

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

ACTION: Notice of final disposition; denial of application for 
exemption.

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SUMMARY: FMCSA announces its denial of Reiman Corp.'s (Reiman) request 
for an exemption from certain hours-of-service (HOS) regulations. 
Reiman's drivers transport latex embedded cement for use at highway 
construction sites. Reiman requests that it be allowed to operate under 
the same HOS exemption provided for ``specially trained drivers of 
commercial motor vehicles that are specially constructed to service oil 
wells.'' FMCSA analyzed the application and public comment and 
determined that Reiman did not demonstrate how the commercial motor 
vehicle (CMV) operations under such exemption would likely achieve a 
level of safety that is equivalent to, or greater than, the level that 
would be achieved in the absence of the exemption.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; FMCSA; 202-366-4225; [email protected]. If you 
have questions on viewing or submitting material to the docket, contact 
Dockets 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-2023-0195'' 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-2023-0195'' 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 at U.S. Department of Transportation, 
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(b) to grant 
exemptions from 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 the applicant's safety analysis. 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(a)). The Agency must 
publish its decision in the Federal Register (49 CFR 381.315(b)). If 
granted, the notice will identify the regulatory provision from which 
the applicant will be exempt, the effective period, and all terms and 
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is 
denied, the notice will explain the reason for the denial (49 CFR 
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).

III. Background

Current Regulatory Requirements

    The HOS regulations in 49 CFR part 395 limit the time CMV drivers 
may drive and require certain off-duty periods to ensure that 
individuals stay awake and alert while driving. Generally, a driver may 
not record time as ``off-duty'' unless he or she has been relieved of 
all duty and responsibility for the care and custody of the CMV, its 
accessories, and its cargo, and is free to pursue activities of his or 
her own choosing. Thus, drivers who are waiting, whether at a loading 
dock or at a natural gas or oil well site, are generally considered to 
be ``on duty.'' Section 395.3(a)(2) provides that ``a driver may not 
drive after a period of 14 consecutive hours after coming on-duty 
following 10 consecutive hours off-duty.'' However, the FMCSRs provide 
an exception to the 14-hour rule for the waiting time of a specific 
classification of driver. Section 395.1(d)(2) provides, ``In case of 
specially trained drivers of CMVs that are specially constructed to 
service oil wells, on-duty time shall not include waiting time at a 
natural gas or oil well site. Such waiting time shall be recorded as 
`off-duty' for purposes of Sec. Sec.  395.8 and 395.15.'' Section 
395.1(d)(2) also provides that the waiting time of these drivers 
``shall not be included in calculating the 14-hour period in 
Sec. 395.3(a)(2).'' Furthermore, specially trained drivers of such CMVs 
are not eligible to use the short-haul operations exemption in 
Sec. 395.1(e)(1).

Applicant's Request

    Reiman indicated that it is involved in the construction of highway 
roads and bridges and not in support of oilfield operations. Reiman 
requests an exemption for nine of its drivers from certain HOS 
regulations because it considers its operations similar to the oilfield 
operations exempted in 49 CFR 395.1(d)(2), including that these drivers 
are specially trained to operate vehicles that are specially designed 
to transport specific products with vehicle-mounted equipment. The 
requested exemption would allow these drivers who transport latex 
embedded cement to record waiting time at construction sites as ``off-
duty'' for purposes of 49 CFR 395.8 and 395.15. Further, Reiman would 
not include waiting time in calculating the 14-hour period in 49 CFR 
395.3(a)(2), and the drivers would not be eligible to use the short-
haul operations provision in Sec.  395.1(e)(1).

Applicant's Method To Ensure an Equivalent or Greater Level of Safety

    According to Reiman:


[[Page 58876]]


    The company is aware of the risks inherent with the extended 
hours of operations and will ensure the driver is not operating the 
CMV while fatigued. This will be accomplished by the managers and 
on-site project supervisors attending ``Distracted Driving and 
Fatigue Awareness'' training, as well as through face-to-face 
interactions with the driver(s), the intent being increased 
awareness of the drivers mental and physical state.

IV. Public Comments

    On November 16, 2023, FMCSA published Reiman's application and 
requested public comment (88 FR 11504). The Agency received one 
response, a joint comment filed by Advocates for Highway and Auto 
Safety and the Truck Safety Coalition in opposition to the requested 
exemption. These organizations commented that, ``The basis for seeking 
the exemption is no more than the normal daily logistical issues 
presented by the Petitioner's daily operations.'' The commenters also 
stated that ``Permitting an exemption for any industry or group of 
drivers that face waiting times would render the HOS limitations 
meaningless at a time when driver fatigue remains a serious safety 
issue.''

V. FMCSA Safety Analysis and Decision

    FMCSA has evaluated Reiman's application and the public comment and 
denies the exemption request. The Agency continues to rely on the 
substantial body of HOS research that supported the adoption of the 14-
hour rule (68 FR 22473, April 28, 2003). Fatigue during the workday 
represents a significant safety risk if this exemption were granted 
because drivers would operate their CMVs after the 14th hour of coming 
on duty. The risk of fatigue increases significantly after the 14th 
hour of coming on duty, despite miscellaneous off-duty periods during 
the work shift.
    The applicant did not include alternatives to compliance with the 
14-hour rule, such as some other fixed driving window within which all 
driving must be completed. The proposed relief from the 14-hour rule 
would enable miscellaneous off-duty periods at the construction sites 
to be excluded when determining whether the drivers may operate the CMV 
during the latter part of the workday. This would create the potential 
for fatigued drivers, subject to long workdays and without 
consideration of whether the driver had accumulated 14 hours of on-duty 
time before completing their driving tasks for the day. The applicant 
has not demonstrated that granting the exemption would achieve an 
equivalent level of safety to the existing regulation.
    For the above reasons, FMCSA denies Reiman's exemption application.

Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-15879 Filed 7-18-24; 8:45 am]
BILLING CODE 4910-EX-P