Hours of Service (HOS) of Drivers; Application for International Association of Movers (IAM) Exemption From the 14-Hour Rule, 68958-68959 [2014-27392]

Download as PDF 68958 Federal Register / Vol. 79, No. 223 / Wednesday, November 19, 2014 / Notices Meeting Notice of RTCA Special Committee 232, Airborne Selective Calling Equipment. ACTION: The FAA is issuing this notice to advise the public of the second meeting of RTCA Special Committee 232, Airborne Selective Calling Equipment. SUMMARY: The meeting will be held December 10–12 from 9:00 a.m.–5:00 p.m. on December 10th and 11th, 9:00 a.m.–12:00 p.m. on December 12th. ADDRESSES: The meeting will be held at Boeing Flight Services Training Center Longacres 25–01 Building 1301 SW 16th Street, Renton, Washington 98055. FOR FURTHER INFORMATION CONTACT: You may 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 https://www.rtca.org for directions. SUPPLEMENTARY INFORMATION: Pursuant to section 10(a) (2) of the Federal Advisory Committee Act (Pub. L. No. 92–463, 5 U.S.C., App.), notice is hereby given for a meeting of Special Committee 216. DATES: December 10–12 mstockstill on DSK4VPTVN1PROD with NOTICES • Welcome/Introductions/ Administrative Remarks. • Agenda Overview. • Review/Approval of Minutes from Plenary #1 • Status of Other SELCAL Industry Activities/Committees • Review of Selective Calling (SELCAL) Action Items • Review SC–232 Completion Schedule • Review of Draft MOPS • Continue Drafting MOPS • Other Business. • Date and Place of Next Meetings. • 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. Issued in Washington, DC, on November 10, 2014. Mohannad Dawoud, Management Analyst, NextGen, Program Oversight and Administration, Federal Aviation Administration. [FR Doc. 2014–27307 Filed 11–18–14; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 16:16 Nov 18, 2014 Jkt 235001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0407] Hours of Service (HOS) of Drivers; Application for International Association of Movers (IAM) Exemption From the 14-Hour Rule Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that the International Association of Movers (IAM) has applied for an exemption from FMCSA’s regulation prohibiting operators of commercial motor vehicles (CMVs) from driving following the 14th hour after coming on duty. IAM’s exemption request is on behalf of all FMCSA-authorized carriers moving household goods, regardless of membership in IAM or any other professional society. The requested exemption would be used only by drivers who need to move their vehicles from the customer’s residence or military base to a safe place for overnight parking when there are delays in completing the job. In no case would the drivers be permitted to drive more than 75 miles or 90 minutes after the 14th hour. FMCSA requests public comment on IAM’s application for exemption. DATES: Comments must be received on or before December 19, 2014. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2014–0407 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov. Follow the on-line instructions for submitting comments. • 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., Washington, DC, between 9 a.m. and 5 p.m., ET, 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. 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. SUMMARY: PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 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, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The on-line Federal document management system is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. 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–14FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, contact Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202–366– 4325. Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. 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. 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. E:\FR\FM\19NON1.SGM 19NON1 Federal Register / Vol. 79, No. 223 / Wednesday, November 19, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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)). Request for Exemption The International Association of Movers (IAM) is a global trade association representing more than 2,000 companies in over 170 countries. IAM counts van lines, agents, freight forwarders and brokers among its membership base. IAM members move household goods for a number of Federal agencies and the public. IAM’s members provide relocation services throughout North America and at strategic points throughout the world. IAM is seeking an exemption from the ‘‘14-hour rule’’ in 49 CFR 395.3(a)(2), which prohibits a property-carrying CMV driver from driving a CMV after the 14th hour after coming on duty following 10 consecutive hours off duty. IAM’s exemption request is on behalf of all FMCSA-authorized carriers moving household goods (HHGs), regardless of membership in IAM or any other professional society. Under IAM’s proposal, the exemption would be used only by drivers who need to move their trucks from the customer’s residence to a safe place for overnight parking when there are delays in completing the job. The overnight parking location would offer safety for the occupants of the CMV, security for the CMV and its cargo, and avoid creating a safety hazard on local streets. In no case would the driver be permitted to drive more than 75 miles or 90 minutes after reaching the 14th hour. Upon reaching a safe place to park their CMVs, drivers using this exemption would be required to take 10 hours off duty before driving again. The driver must notify the motor carrier each time the extension is used. These log entries would provide verification and a record whenever the exemption is used and would be available during compliance reviews. IAM contends that operations of its sector of the trucking industry are subject to a multitude of unique circumstances not faced by the majority of the general property and commodity industry. Customers frequently change their plans and expect their movers to accommodate these changes. IAM states that the list of potential unforeseen, impossible-to-plan-for situations that can cause delay is nearly endless. Unanticipated delays, including recently stepped-up security checkpoints within military bases and facilities, a homeowner’s schedule (and level of preparedness for a scheduled move), unusually shaped items that VerDate Sep<11>2014 16:16 Nov 18, 2014 Jkt 235001 need to be packed in-home by the driver and team, and the amount of time offhighway driving and irregular routes faced by the household goods moving industry are among the many factors that require the flexibility requested by IAM. All of these issues can change schedules beyond the original plan developed by the mover. IAM states that the vast majority of these situations will not impact these drivers’ ability to complete residential loading or unloading jobs within the 14hour rule. However, when rare, unusual, and unforeseen circumstances arise, the rule forces drivers nearing the end of their 14-hour shifts to choose one of two impractical alternatives; either (1) stop a moving crew from completing the loading or unloading of a customer’s household goods shipment in order to be able to drive the moving truck from the customer’s residence to a place offering safety for the occupants of the CMV, security for the CMV and its cargo, and to avoid creating a safety hazard on local streets, or (2) permit completion of the loading or unloading, but leave the moving truck where it is, typically parked on an unsecured residential street, for at least 10 hours before they are permitted to drive again. Neither choice permits efficient, effective or safe operation. IAM believes that the requested exemption is comparable to the current regulation permitting certain ‘‘shorthaul’’ drivers an increased driving window once per week, and other nonCDL short-haul drivers two such extended duty periods per week. The driving circumstances experienced under this exemption—the relatively short time and distance needed to remove their CMVs from residential areas to safe locations—can be analogous to the ‘‘short-haul’’ situations. IAM acknowledges that all drivers using the requested exemption would still be subject to all of the other Federal Motor Carrier Safety Regulations, including all other hours-of-service requirements. A copy of IAM’s application for exemption is available for review in the docket for this notice. In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA requests public comment on IAM’s application for an exemption from certain provisions of the driver’s HOS rules in 49 CFR part 395. The Agency will consider all comments received by close of business on December 19, 2014. Comments will be available for examination in the docket at the location listed in the ADDRESSES section of this notice. PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 68959 Issued on: November 13, 2014. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2014–27392 Filed 11–18–14; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2014 0141] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel WINKAPEW; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before December 19, 2014. ADDRESSES: Comments should refer to docket number MARAD–2014–0141. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at https://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Linda Williams, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W23–453, Washington, DC 20590. Telephone 202– 366–0903, Email Linda.Williams@ dot.gov. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel WINKAPEW is: Intended Commercial Use of Vessel: ‘‘We are a small, family owned sailing SUMMARY: E:\FR\FM\19NON1.SGM 19NON1

Agencies

[Federal Register Volume 79, Number 223 (Wednesday, November 19, 2014)]
[Notices]
[Pages 68958-68959]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27392]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0407]


Hours of Service (HOS) of Drivers; Application for International 
Association of Movers (IAM) Exemption From the 14-Hour Rule

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

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

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

SUMMARY: FMCSA announces that the International Association of Movers 
(IAM) has applied for an exemption from FMCSA's regulation prohibiting 
operators of commercial motor vehicles (CMVs) from driving following 
the 14th hour after coming on duty. IAM's exemption request is on 
behalf of all FMCSA-authorized carriers moving household goods, 
regardless of membership in IAM or any other professional society. The 
requested exemption would be used only by drivers who need to move 
their vehicles from the customer's residence or military base to a safe 
place for overnight parking when there are delays in completing the 
job. In no case would the drivers be permitted to drive more than 75 
miles or 90 minutes after the 14th hour. FMCSA requests public comment 
on IAM's application for exemption.

DATES: Comments must be received on or before December 19, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2014-0407 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     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., Washington, DC, between 9 a.m. and 
5 p.m., ET, 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. 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, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line Federal document management system 
is available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    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-14FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Ms. Pearlie Robinson, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

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. 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.

[[Page 68959]]

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)).

Request for Exemption

    The International Association of Movers (IAM) is a global trade 
association representing more than 2,000 companies in over 170 
countries. IAM counts van lines, agents, freight forwarders and brokers 
among its membership base. IAM members move household goods for a 
number of Federal agencies and the public. IAM's members provide 
relocation services throughout North America and at strategic points 
throughout the world.
    IAM is seeking an exemption from the ``14-hour rule'' in 49 CFR 
395.3(a)(2), which prohibits a property-carrying CMV driver from 
driving a CMV after the 14th hour after coming on duty following 10 
consecutive hours off duty. IAM's exemption request is on behalf of all 
FMCSA-authorized carriers moving household goods (HHGs), regardless of 
membership in IAM or any other professional society. Under IAM's 
proposal, the exemption would be used only by drivers who need to move 
their trucks from the customer's residence to a safe place for 
overnight parking when there are delays in completing the job. The 
overnight parking location would offer safety for the occupants of the 
CMV, security for the CMV and its cargo, and avoid creating a safety 
hazard on local streets. In no case would the driver be permitted to 
drive more than 75 miles or 90 minutes after reaching the 14th hour. 
Upon reaching a safe place to park their CMVs, drivers using this 
exemption would be required to take 10 hours off duty before driving 
again. The driver must notify the motor carrier each time the extension 
is used. These log entries would provide verification and a record 
whenever the exemption is used and would be available during compliance 
reviews.
    IAM contends that operations of its sector of the trucking industry 
are subject to a multitude of unique circumstances not faced by the 
majority of the general property and commodity industry. Customers 
frequently change their plans and expect their movers to accommodate 
these changes. IAM states that the list of potential unforeseen, 
impossible-to-plan-for situations that can cause delay is nearly 
endless. Unanticipated delays, including recently stepped-up security 
checkpoints within military bases and facilities, a homeowner's 
schedule (and level of preparedness for a scheduled move), unusually 
shaped items that need to be packed in-home by the driver and team, and 
the amount of time off-highway driving and irregular routes faced by 
the household goods moving industry are among the many factors that 
require the flexibility requested by IAM. All of these issues can 
change schedules beyond the original plan developed by the mover.
    IAM states that the vast majority of these situations will not 
impact these drivers' ability to complete residential loading or 
unloading jobs within the 14-hour rule. However, when rare, unusual, 
and unforeseen circumstances arise, the rule forces drivers nearing the 
end of their 14-hour shifts to choose one of two impractical 
alternatives; either (1) stop a moving crew from completing the loading 
or unloading of a customer's household goods shipment in order to be 
able to drive the moving truck from the customer's residence to a place 
offering safety for the occupants of the CMV, security for the CMV and 
its cargo, and to avoid creating a safety hazard on local streets, or 
(2) permit completion of the loading or unloading, but leave the moving 
truck where it is, typically parked on an unsecured residential street, 
for at least 10 hours before they are permitted to drive again. Neither 
choice permits efficient, effective or safe operation.
    IAM believes that the requested exemption is comparable to the 
current regulation permitting certain ``short-haul'' drivers an 
increased driving window once per week, and other non-CDL short-haul 
drivers two such extended duty periods per week. The driving 
circumstances experienced under this exemption--the relatively short 
time and distance needed to remove their CMVs from residential areas to 
safe locations--can be analogous to the ``short-haul'' situations. IAM 
acknowledges that all drivers using the requested exemption would still 
be subject to all of the other Federal Motor Carrier Safety 
Regulations, including all other hours-of-service requirements.
    A copy of IAM's application for exemption is available for review 
in the docket for this notice.
    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA 
requests public comment on IAM's application for an exemption from 
certain provisions of the driver's HOS rules in 49 CFR part 395. The 
Agency will consider all comments received by close of business on 
December 19, 2014. Comments will be available for examination in the 
docket at the location listed in the ADDRESSES section of this notice.

    Issued on: November 13, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-27392 Filed 11-18-14; 8:45 am]
BILLING CODE 4910-EX-P

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