Hours of Service of Drivers: American Trucking Associations (ATA); Application for Exemption, 29837-29838 [2014-11957]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Notices https://www.dot.state.oh.us/projects/ ClevelandUrbanCoreProjects/ OpportunityCorridor/Pages/ default.aspx. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 USC 4321–4351]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. Air: Clean Air Act, 42 U.S.C. 7401– 7671(q). 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers), 23 U.S.C. 319. 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and Wildlife Coordination Act [16 U.S.C. 661– 667(d)], Migratory Bird Treaty Act [16 U.S.C. 703–712]. 5. 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[FR Doc. 2014–11758 Filed 5–22–14; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA–2013–0470] Hours of Service of Drivers: American Trucking Associations (ATA); Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that it has received an application from the ATA for an exemption from the 14-hour provision of the Agency’s hours-ofservice regulations to enable certain drivers to exclude waiting time at a natural gas or oil well site from their calculations of on-duty time. Currently, only specially trained drivers of commercial motor vehicles (CMVs) that are specially constructed to service oil and natural gas extraction sites may employ this provision. ATA proposes that FMCSA by a limited 2-year exemption that may be renewed, permit exclusion of such waiting time by drivers of CMVs who are exclusively engaged in servicing oil and natural gas extraction sites and have the opportunity to obtain rest while waiting at such sites. FMCSA requests public comment on ATA’s application for exemption. SUMMARY: Comments must be received on or before July 7, 2014. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– 2013–0470 by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. DATES: PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 29837 • 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. Instructions: All submissions must include the Agency name and docket number. For detailed instructions on submitting comments and additional information on the exemption process, see the Public Participation heading below. Note that all comments received will be posted without change to www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov, and follow the online instructions for accessing the dockets, or go to the street address listed above. Privacy Act: Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). Public Participation: The Federal eRulemaking Portal is available 24 hours each day, 365 days each year. You can get electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the Federal eRulemaking Portal Web site. If you want us to notify you that we received your comments, please include a selfaddressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments online. Comments received after the comment closing date will be included in the docket, and we will consider late comments to the extent practicable. Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202–366–4325. Email: MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 E:\FR\FM\23MYN1.SGM 23MYN1 29838 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES CFR part 350 et seq.). 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 and explain the terms and conditions of the exemption. The exemption may be renewed [49 CFR 381.300(b)]. ATA Application for an Exemption Part 395 of the FMCSRs contains the hours of service (HOS) rules for drivers of CMVs in interstate commerce. Section 395.8 of the FMCSRs requires most interstate CMV drivers to maintain a handwritten or electronic record of duty status, or log, on a 24-hour grid. They must record their duty status as either ‘‘off duty,’’ ‘‘sleeper berth,’’ ‘‘on duty/not driving’’ or ‘‘on duty/driving.’’ Drivers must keep their log up to date to the most recent change of duty status, and have their log for the current date and the preceding 7 days on board the CMV. 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) of the FMCSRs provides that ‘‘a driver may drive only during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty.’’ However, the FMCSRs provide a special exception to the 14-hour rule for the waiting time of a specific classification of driver. Section 395.1(d)(2) provides, ‘‘In the case of specially trained drivers of commercial motor vehicles that are specially VerDate Mar<15>2010 18:44 May 22, 2014 Jkt 232001 constructed to service oil wells, on-duty time shall not include waiting time at a natural gas or oil well site’’ (waitingtime rule). These drivers may record such waiting time as off duty time, making note of the waiting-time rule on their log. Section 395.1(d)(2) also provides that the waiting time of these drivers ‘‘shall not be included in calculating the 14-hour period. . . .’’ ATA asks that FMCSA, by a limited 2-year exemption that may be renewed, permit similar treatment of waiting time at such locations to drivers ‘‘exclusively engaged in servicing oil and natural gas extraction sites’’ who are able to establish ‘‘a method to adequately ensure a rest opportunity while waiting.’’ ATA suggests that ‘‘trucks equipped with sleeper berths’’ and ‘‘onsite bunking or resting facilities’’ would satisfy the ‘‘rest opportunity’’ standard. ATA believes the proposed exemption would encourage these drivers to obtain quality rest at extraction sites and would provide an improved standard for State officials enforcing waiting time requirements. FMCSA can only grant an exemption if an FMCSR prevents a motor carrier from ‘‘implementing more efficient or effective operations that would maintain a level of safety equivalent to, or greater than, the level achieved without the exemption’’ [381.305(a)]. ATA asserts that its proposed exemption would maintain or exceed the level of safety of the current waiting-time rule. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA requests public comment on ATA’s application for an exemption from section 395.1(d)(2) (the waiting-time rule) of the FMCSRs. The Agency will consider all comments received by close of business on July 7, 2014. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will consider to the extent practicable comments received in the public docket after the closing date of the comment period. Issued on: May 16, 2014. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2014–11957 Filed 5–22–14; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00100 Fmt 4703 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35826] Geaux Geaux Railroad, LLC— Acquisition and Operation Exemption—Illinois Central Railroad Company Geaux Geaux Railroad, LLC (GGRL), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Illinois Central Railroad Company (ICR) and to operate approximately 21.95 miles of rail line (the Line) between: (1) milepost 9.69 at or near Zee and milepost 0.00 at or near Slaughter, and (2) milepost 345.84 at or near Slaughter and milepost 358.10 at or near Maryland, in East Baton Rouge Parish, La. GGRL states it will also operate over ICR between mileposts 358.10 and 363.60 solely for purposes of interchanging traffic at ICR’s Baton Rouge yard.1 The transaction may be consummated on or after June 7, 2014 (30 days after the notice of exemption was filed). GGRL certifies that its projected annual revenues as a result of this transaction will not exceed those that would qualify it as a Class III rail carrier and will not exceed $5 million. If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than May 30, 2014 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35826, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Beatriz Beltranena, One Federal Highway, Suite 400, Boca Raton, FL 33432, and Thomas F. McFarland, 208 South LaSalle St., Suite 1890, Chicago, IL 60604. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV’’. Decided: May 19, 2014. 1 GGRL states that it intends to contract with a rail operator to operate the Line and that the operator will seek Board authority or an exemption for such operation. GGRL further states that it will retain a residual common carrier obligation to operate the Line. Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1

Agencies

[Federal Register Volume 79, Number 100 (Friday, May 23, 2014)]
[Notices]
[Pages 29837-29838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11957]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA-2013-0470]


Hours of Service of Drivers: American Trucking Associations 
(ATA); Application for Exemption

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

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

-----------------------------------------------------------------------

SUMMARY: FMCSA announces that it has received an application from the 
ATA for an exemption from the 14-hour provision of the Agency's hours-
of-service regulations to enable certain drivers to exclude waiting 
time at a natural gas or oil well site from their calculations of on-
duty time. Currently, only specially trained drivers of commercial 
motor vehicles (CMVs) that are specially constructed to service oil and 
natural gas extraction sites may employ this provision. ATA proposes 
that FMCSA by a limited 2-year exemption that may be renewed, permit 
exclusion of such waiting time by drivers of CMVs who are exclusively 
engaged in servicing oil and natural gas extraction sites and have the 
opportunity to obtain rest while waiting at such sites. FMCSA requests 
public comment on ATA's application for exemption.

DATES: Comments must be received on or before July 7, 2014.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2013-0470 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     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.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov, and follow the online 
instructions for accessing the dockets, or go to the street address 
listed above.
    Privacy Act: Anyone can search the electronic form of comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review a 
Privacy Act notice regarding our public dockets in the January 17, 
2008, issue of the Federal Register (73 FR 3316).
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal Web site. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket, and we will 
consider late comments to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

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

[[Page 29838]]

CFR part 350 et seq.). 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 and explain 
the terms and conditions of the exemption. The exemption may be renewed 
[49 CFR 381.300(b)].

ATA Application for an Exemption

    Part 395 of the FMCSRs contains the hours of service (HOS) rules 
for drivers of CMVs in interstate commerce. Section 395.8 of the FMCSRs 
requires most interstate CMV drivers to maintain a handwritten or 
electronic record of duty status, or log, on a 24-hour grid. They must 
record their duty status as either ``off duty,'' ``sleeper berth,'' 
``on duty/not driving'' or ``on duty/driving.'' Drivers must keep their 
log up to date to the most recent change of duty status, and have their 
log for the current date and the preceding 7 days on board the CMV.
    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) 
of the FMCSRs provides that ``a driver may drive only during a period 
of 14 consecutive hours after coming on duty following 10 consecutive 
hours off duty.'' However, the FMCSRs provide a special exception to 
the 14-hour rule for the waiting time of a specific classification of 
driver. Section 395.1(d)(2) provides, ``In the case of specially 
trained drivers of commercial motor vehicles that are specially 
constructed to service oil wells, on-duty time shall not include 
waiting time at a natural gas or oil well site'' (waiting-time rule). 
These drivers may record such waiting time as off duty time, making 
note of the waiting-time rule on their log. Section 395.1(d)(2) also 
provides that the waiting time of these drivers ``shall not be included 
in calculating the 14-hour period. . . .''
    ATA asks that FMCSA, by a limited 2-year exemption that may be 
renewed, permit similar treatment of waiting time at such locations to 
drivers ``exclusively engaged in servicing oil and natural gas 
extraction sites'' who are able to establish ``a method to adequately 
ensure a rest opportunity while waiting.'' ATA suggests that ``trucks 
equipped with sleeper berths'' and ``on-site bunking or resting 
facilities'' would satisfy the ``rest opportunity'' standard. ATA 
believes the proposed exemption would encourage these drivers to obtain 
quality rest at extraction sites and would provide an improved standard 
for State officials enforcing waiting time requirements.
    FMCSA can only grant an exemption if an FMCSR prevents a motor 
carrier from ``implementing more efficient or effective operations that 
would maintain a level of safety equivalent to, or greater than, the 
level achieved without the exemption'' [381.305(a)]. ATA asserts that 
its proposed exemption would maintain or exceed the level of safety of 
the current waiting-time rule.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA 
requests public comment on ATA's application for an exemption from 
section 395.1(d)(2) (the waiting-time rule) of the FMCSRs. The Agency 
will consider all comments received by close of business on July 7, 
2014. Comments will be available for examination in the docket at the 
location listed under the ADDRESSES section of this notice. The Agency 
will consider to the extent practicable comments received in the public 
docket after the closing date of the comment period.

    Issued on: May 16, 2014.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-11957 Filed 5-22-14; 8:45 am]
BILLING CODE 4910-EX-P
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