Hours of Service of Drivers: Application of B.R. Kreider & Son, Inc. for Exemption From the 12-Hour Limit on the Duty Day of Short-Haul Drivers, 65757-65758 [2014-26271]

Download as PDF Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Notices DEPARTMENT OF STATE DEPARTMENT OF TRANSPORTATION [Public Notice 8938] Federal Aviation Administration Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Display of Sixteen Hellenistic Silver Objects From the Republic of Italy, Sicily Region’’ Exhibition Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be included in the exhibition ‘‘Display of Sixteen Hellenistic Silver Objects from the Republic of Italy, Sicily Region,’’ imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit objects at The Metropolitan Museum of Art, New York, New York, from on or about December 1, 2014, until on or about December 1, 2018, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register. SUMMARY: For further information, including a list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6467). The mailing address is U.S. Department of State, SA–5, L/PD, Fifth Floor (Suite 5H03), Washington, DC 20522–0505. FOR FURTHER INFORMATION CONTACT: mstockstill on DSK4VPTVN1PROD with NOTICES Dated: October 29, 2014. Kelly Keiderling, Principal Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2014–26281 Filed 11–4–14; 8:45 am] BILLING CODE 4710–05–P VerDate Sep<11>2014 17:42 Nov 04, 2014 Jkt 235001 Seventh Meeting: RTCA Tactical Operations Committee (TOC) Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT). ACTION: Seventh meeting notice of RTCA Tactical Operations Committee. AGENCY: 65757 • Adjourn Attendance is open to the interested public but limited to space availability. With the approval of the chairman, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. The FAA is issuing this notice to advise the public of the seventh meeting of the RTCA Tactical Operations Committee. DATES: The meeting will be held November 20th from 9:00 a.m.–1:00 p.m. Issued in Washington, DC, on October 29th 2014. Mohannad Dawoud, Management Analyst, NextGen, Program Oversight and Administration, Federal Aviation Administration. This meeting is being held virtually. Any members of the public interested in participating virtually are required to pre-register no later than November 14, 2014 by contacting Trin Mitra via the email tmitra@rtca.org. Please provide the following information: • Name • Organization • Phone number and Email address FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833–9339, fax at (202) 833–9434, or Web site at http:// www.rtca.org or Trin Mitra, TOC Secretary, tmitra@rtca.org, 202–330– 0655. BILLING CODE 4910–13–P SUMMARY: ADDRESSES: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463, 5 U.S.C., App.), notice is hereby given for a meeting of the RTCA Tactical Operations Committee. The agenda will include the following: SUPPLEMENTARY INFORMATION: November 20th • Opening of Meeting/Introduction of TOC Members—Co Chairs Jim Bowman and Dale Wright • Official Statement of Designated Federal Official—Elizabeth Ray • Approval of September 3, 2014 Meeting Summary • Kickoff New TOC Tasks • Status of Existing and Potential TOC Tasks • Update briefing on TBFM • Update briefing on NSAAP • Discussion on UAS/Commercial Space • Overview of RTCA/IATA Partnership • Anticipated Issues for TOC consideration and action at the next meeting • Other business PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 [FR Doc. 2014–26303 Filed 11–4–14; 8:45 am] DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0322] Hours of Service of Drivers: Application of B.R. Kreider & Son, Inc. for Exemption From the 12-Hour Limit on the Duty Day of Short-Haul Drivers 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 B.R. Kreider & Son, Inc., (Kreider) for an exemption from the requirement that drivers of commercial motor vehicles (CMVs) must be released from work within 12 consecutive hours in order to take advantage of the exception to the record of duty status (RODS) rule for short-haul operations. Drivers qualifying for the short-haul exception are subject to the hours of service limits but are not required to maintain a RODS during the duty day. Kreider asks that its drivers be allowed to operate under the short-haul exception when their duty day exceeds 12 hours, and states that the same level of safety would be achieved with the exemption in place as would be achieved without the exemption. DATES: Comments must be received on or before December 5, 2014 ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– 2014–0322 by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the online instructions for submitting comments. SUMMARY: E:\FR\FM\05NON1.SGM 05NON1 mstockstill on DSK4VPTVN1PROD with NOTICES 65758 Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Notices • 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 also 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 is able to search the electronic form of all 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 obtain 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 will be considered to the extent practicable. FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, 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 VerDate Sep<11>2014 17:42 Nov 04, 2014 Jkt 235001 Carrier Safety Regulations. Before doing so, the Agency must provide an opportunity for public comment. The Agency is required to publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)), providing the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted, and an opportunity to comment on the request. FMCSA must review the safety analyses and public comments submitted and determine 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 Agency must publish its decision in the Federal Register (49 CFR 381.315(b)) and state the reasons for denying or granting the application. If the exemption is granted, the notice must include the name of the person or entity, or class of persons, receiving the exemption, and the regulation from which the exemption is granted. The notice must also specify the effective period of the exemption and state the terms and conditions of the exemption, if any. The exemption may be renewed (49 CFR 381.300(b)). The hours-of-service (HOS) rules (49 CFR part 395) require operators of CMVs to maintain a RODS on board the CMV at all times (§ 395.8(a)). However, the HOS rules provide an exception to this requirement for qualifying CMV drivers engaged in short-haul operations (§ 395.1(e)). Section 395.1(e) states in pertinent part: ‘‘(e) Short-haul operations—(1) 100 air-mile radius driver. A driver is exempt from [maintaining a RODS] if: (i) The driver operates within a 100 air-mile radius of the normal work reporting location; (ii) The driver . . . returns to the work reporting location and is released from work within 12 consecutive hours; (iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty; . . . (iv)(A) A property-carrying commercial motor vehicle driver does not exceed [11 hours] driving . . . following 10 consecutive hours off duty; . . . and (v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing: (A) The time the driver reports fur duty each day; (B) The total number of hours the driver is on duty each day; (C) The time the driver is released from duty each day . . .’’ A driver who expects to qualify for the short-haul exception does not maintain a RODS on board the CMV. However, if the driver discovers later in PO 00000 Frm 00144 Fmt 4703 Sfmt 9990 the day that he or she is not going to qualify for the short-haul exception, the driver must immediately begin to prepare a RODS for the day. The RODS must cover the entire day, even if the driver has to record retroactively changes in duty status that occurred earlier in the day. See Q.21 under 49 CFR 395.1 at http://www.fmcsa.dot.gov/ regulations/title49/part395?guidance. Request for Exemption Kreider is an interstate motor carrier engaged in the short-haul transportation of materials such as topsoil, fill, and stone. Kreider drivers do not go beyond a 100 air-mile radius of their normal work-reporting location during their duty day. Kreider states that its drivers make frequent deliveries during their duty day, and thus are ‘‘in and out of the truck all day long.’’ Kreider states that it is often not possible for its CMV drivers to complete their duty day within the 12-hour limit. The applicant believes that it is impractical to require these drivers to prepare a RODS when this occurs. Kreider states that the 12hour requirement ‘‘affects the driver’s pay, production rates and makes for a very sloppy log book with so many lines between driving and on duty.’’ It believes that the same level of safety would be achieved with this exemption in place as would be achieved in the absence of the exemption. A copy of the applicants’ application for exemption is available for review in the docket for this notice. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA requests public comment on this application for an exemption from § 395.1(e)(1)(ii) so that its CMV drivers who are not released from duty within 12 consecutive hours can qualify for the short-haul exception. The Agency will consider all comments received by close of business on December 5, 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: October 27, 2014. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2014–26271 Filed 11–4–14; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 79, Number 214 (Wednesday, November 5, 2014)]
[Notices]
[Pages 65757-65758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26271]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0322]


Hours of Service of Drivers: Application of B.R. Kreider & Son, 
Inc. for Exemption From the 12-Hour Limit on the Duty Day of Short-Haul 
Drivers

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 B.R. 
Kreider & Son, Inc., (Kreider) for an exemption from the requirement 
that drivers of commercial motor vehicles (CMVs) must be released from 
work within 12 consecutive hours in order to take advantage of the 
exception to the record of duty status (RODS) rule for short-haul 
operations. Drivers qualifying for the short-haul exception are subject 
to the hours of service limits but are not required to maintain a RODS 
during the duty day. Kreider asks that its drivers be allowed to 
operate under the short-haul exception when their duty day exceeds 12 
hours, and states that the same level of safety would be achieved with 
the exemption in place as would be achieved without the exemption.

DATES: Comments must be received on or before December 5, 2014

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2014-0322 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.

[[Page 65758]]

     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 also 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 is able to search the electronic form of all 
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 obtain 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 will be 
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, 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. Before doing so, the Agency must provide an opportunity 
for public comment. The Agency is required to publish a notice of each 
exemption request in the Federal Register (49 CFR 381.315(a)), 
providing the public an opportunity to inspect the information relevant 
to the application, including any safety analyses that have been 
conducted, and an opportunity to comment on the request. FMCSA must 
review the safety analyses and public comments submitted and determine 
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 Agency must publish its 
decision in the Federal Register (49 CFR 381.315(b)) and state the 
reasons for denying or granting the application. If the exemption is 
granted, the notice must include the name of the person or entity, or 
class of persons, receiving the exemption, and the regulation from 
which the exemption is granted. The notice must also specify the 
effective period of the exemption and state the terms and conditions of 
the exemption, if any. The exemption may be renewed (49 CFR 
381.300(b)).
    The hours-of-service (HOS) rules (49 CFR part 395) require 
operators of CMVs to maintain a RODS on board the CMV at all times 
(Sec.  395.8(a)). However, the HOS rules provide an exception to this 
requirement for qualifying CMV drivers engaged in short-haul operations 
(Sec.  395.1(e)). Section 395.1(e) states in pertinent part: ``(e) 
Short-haul operations--(1) 100 air-mile radius driver. A driver is 
exempt from [maintaining a RODS] if: (i) The driver operates within a 
100 air-mile radius of the normal work reporting location; (ii) The 
driver . . . returns to the work reporting location and is released 
from work within 12 consecutive hours; (iii)(A) A property-carrying 
commercial motor vehicle driver has at least 10 consecutive hours off 
duty separating each 12 hours on duty; . . . (iv)(A) A property-
carrying commercial motor vehicle driver does not exceed [11 hours] 
driving . . . following 10 consecutive hours off duty; . . . and (v) 
The motor carrier that employs the driver maintains and retains for a 
period of 6 months accurate and true time records showing: (A) The time 
the driver reports fur duty each day; (B) The total number of hours the 
driver is on duty each day; (C) The time the driver is released from 
duty each day . . .''
    A driver who expects to qualify for the short-haul exception does 
not maintain a RODS on board the CMV. However, if the driver discovers 
later in the day that he or she is not going to qualify for the short-
haul exception, the driver must immediately begin to prepare a RODS for 
the day. The RODS must cover the entire day, even if the driver has to 
record retroactively changes in duty status that occurred earlier in 
the day. See Q.21 under 49 CFR 395.1 at http://www.fmcsa.dot.gov/regulations/title49/part395?guidance.

Request for Exemption

    Kreider is an interstate motor carrier engaged in the short-haul 
transportation of materials such as topsoil, fill, and stone. Kreider 
drivers do not go beyond a 100 air-mile radius of their normal work-
reporting location during their duty day. Kreider states that its 
drivers make frequent deliveries during their duty day, and thus are 
``in and out of the truck all day long.'' Kreider states that it is 
often not possible for its CMV drivers to complete their duty day 
within the 12-hour limit. The applicant believes that it is impractical 
to require these drivers to prepare a RODS when this occurs. Kreider 
states that the 12-hour requirement ``affects the driver's pay, 
production rates and makes for a very sloppy log book with so many 
lines between driving and on duty.'' It believes that the same level of 
safety would be achieved with this exemption in place as would be 
achieved in the absence of the exemption. A copy of the applicants' 
application for exemption is available for review in the docket for 
this notice.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA 
requests public comment on this application for an exemption from Sec.  
395.1(e)(1)(ii) so that its CMV drivers who are not released from duty 
within 12 consecutive hours can qualify for the short-haul exception.
    The Agency will consider all comments received by close of business 
on December 5, 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: October 27, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-26271 Filed 11-4-14; 8:45 am]
BILLING CODE 4910-EX-P