Hours of Service (HOS) of Drivers; Applications for Exemption From the 14-Hour Rule, 42161-42162 [2015-17433]

Download as PDF Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Notices CONTACT section. Members of the public may present a written statement to the committee at any time. Issued in Washington, DC, on July 14, 2015. Latasha Robinson, Management & Program Analyst, NextGen, Program Oversight and Administration, Federal Aviation Administration. [FR Doc. 2015–17508 Filed 7–15–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 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 July 14, 2015. Latasha Robinson, Management & Program Analyst, NextGen, Program Oversight and Administration, Federal Aviation Administration. [FR Doc. 2015–17511 Filed 7–15–15; 8:45 am] Thirty-Fourth Meeting: Special Committee 224 (SC 224) BILLING CODE 4910–13–P Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT). ACTION: Thirty-Fourth Meeting Notice of Special Committee 224. DEPARTMENT OF TRANSPORTATION AGENCY: The FAA is issuing this notice to advise the public of the thirty-fourth meeting of the Special Committee 224. DATES: The meeting will be held August 6th from 10:00 a.m.–3:00 p.m. ADDRESSES: The meeting will be held at RTCA Headquarters, 1150 18th Street NW., Suite 910, Washington, DC 20036, Tel: (202) 330–0654. 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 https:// www.rtca.org or Harold Moses, Program Director, RTCA, Inc., hmoses@rtca.org, (202) 330–0654. SUPPLEMENTARY INFORMATION: 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 Special Committee 224. The agenda will include the following: SUMMARY: tkelley on DSK3SPTVN1PROD with NOTICES Thursday, August 6, 2015 1. Welcome/Introductions/ Administrative Remarks 2. Review/Approve Previous Meeting Summary 3. Report from the TSA 4. Report on Safe Skies on Document Distribution 5. Review of the Credentialing Section 6. Review of Other DO–230 ‘‘G’’ Sections 7. Action Items for Next Meeting 8. Time and Place of Next Meeting 9. Any Other Business 10. Adjourn Attendance is open to the interested public but limited to space availability. VerDate Sep<11>2014 17:39 Jul 15, 2015 Jkt 235001 Federal Motor Carrier Safety Administration [Docket Nos. FMCSA–2014–0342 and FMCSA–2014–0407] Hours of Service (HOS) of Drivers; Applications for Exemption From the 14-Hour Rule Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final dispositions; denial of applications for exemption. AGENCY: FMCSA announces its denial of the applications of the American Moving & Storage Association (AMSA) and the International Association of Movers (IAM) for an exemption that would allow a driver to operate a commercial motor vehicle (CMV) after the 14th hour since coming on duty. AMSA and IAM are engaged in the movement of household goods by CMV. They requested the exemption for their drivers who are delayed at a residence beyond the 14th hour and need to move the vehicle to a secure location for overnight parking. FMCSA concluded that AMSA and IAM did not demonstrate how CMV operations under such an exemption would be likely to achieve a level of safety equivalent to or greater than the level of safety that would be obtained in the absence of the exemption. DATES: FMCSA denied the applications for exemption by letters dated April 16 (IAM) and June 8 (AMSA). 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: SUMMARY: PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 42161 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. 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)). Application for Exemption AMSA and IAM are trade associations representing entities engaged in the movement of household goods by CMV. By separate applications, they sought exemption from the ‘‘14-hour rule’’ in 49 CFR 395.3(a)(2), which prohibits a CMV driver from driving a propertycarrying CMV after the 14th hour after coming on duty following 10 consecutive hours off duty. They proposed that the exemption would be used solely by drivers who need to drive a moving van from a customer’s residence to a safe place for overnight parking after the 14th hour of their duty day has elapsed. AMSA and IAM stated that unexpected delays during the day result in this predicament. They further stated that movement of CMVs from residential areas to overnight parking eliminates the safety hazard created when vans are parked in residential neighborhoods, and ensures the security of household goods in the moving vans. AMSA and IAM proposed that the exemption limit CMV driving after the 14th hour to 75 miles or 90 minutes. Public Comments On September 9, 2014, FMCSA published notice of the AMSA application and asked for public E:\FR\FM\16JYN1.SGM 16JYN1 42162 Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Notices comment (79 FR 53510). Four individuals and Advocates for Highway and Auto Safety submitted comments. All opposed the application for exemption. On November 19, 2014, FMCSA published notice of the IAM application and asked for public comment (79 FR 68958). Ten commenters supported the application and five opposed it. Agency Decision The Agency’s decision is based upon the information provided by the applicants, review of the comments received in response to the Federal Register notices, and the substantial body of HOS research the FMCSA relied upon to implement the 14-hour rule (68 FR 22473, April 28, 2003). The applicants for exemption did not offer any measures to offset the excessive fatigue to which CMV drivers operating beyond the 14th hour would be subjected. Furthermore, the applications did not limit how often the proposed exemption could be used. The FMCSA must therefore deny the applications for exemption. The Agency denied the IAM and AMSA applications by letters dated April 16, 2015, and June 8, 2015, respectively. In each case, the Agency concluded that CMV operations under the exemption were not likely to achieve a level of safety equivalent to or greater than the level of safety that would be achieved in the absence of the exemption [49 CFR 381.310(c)(5)]. Copies of the denial letters are in the respective dockets. Issued on: July 9, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–17433 Filed 7–15–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. USCG–2015–0472] Deepwater Port License Application: Delfin LNG, LLC, Delfin LNG Deepwater Port Maritime Administration, Department of Transportation. ACTION: Notice of application. tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: The Maritime Administration (MARAD) and the U.S. Coast Guard (USCG) announce they have received an application for the licensing of a liquefied natural gas (LNG) export deepwater port and that the application contains all required information. This notice summarizes the applicant’s plans SUMMARY: VerDate Sep<11>2014 17:39 Jul 15, 2015 Jkt 235001 and the procedures that will be followed in considering the application. DATES: The Deepwater Port Act of 1974, as amended, requires any public hearing(s) on this application to be held not later than 240 days after publication of this notice, and a decision on the application not later than 90 days after the final public hearing. ADDRESSES: The public docket for USCG–2015–0472 is maintained by the U.S. Department of Transportation, Docket Management Facility, West Building, Ground Floor, Room W12– 140, 1200 New Jersey Avenue SE., Washington, DC 20590. The Federal Docket Management Facility accepts hand-delivered submissions, and makes docket contents available for public inspection and copying at this address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Federal Docket Management Facility’s telephone number is 202–366–9329, the fax number is 202–493–2251 and the Web site for electronic submissions or for electronic access to docket contents is https://www.regulations.gov. keyword search ‘‘USCG–2015–0472’’. FOR FURTHER INFORMATION CONTACT: Mr. Roddy Bachman, U.S. Coast Guard, telephone: 202–372–1451, email: Roddy.C.Bachman@uscg.mil or Ms. Yvette M. Fields, Maritime Administration, telephone: 202–366– 0926, email: Yvette.Fields@dot.gov. For questions regarding viewing the Docket, call Docket Operations, telephone: 202– 366–9826. SUPPLEMENTARY INFORMATION: Receipt of Application On May 8, 2015, MARAD and USCG received an application from Delfin LNG, LLC (Delfin LNG) for all Federal authorizations required for a license to own, construct, and operate a deepwater port (DWP) for the export of natural gas authorized under the Deepwater Port Act of 1974, as amended, 33 U.S.C. 1501 et seq. (the Act), and implemented under 33 CFR parts 148, 149, and 150. After a coordinated completeness review by MARAD and other cooperating Federal agencies, it was determined that the application required supplemental information, and, by letter of May 29, 2015 to Delfin LNG, the USCG deemed the application incomplete. On June 22, 2015, in response to the USCG letter, Delfin LNG submitted the requested supplemental information entitled ‘‘Deepwater Port License Application Delfin LNG Project May 8, 2015—Supplemented June 19, 2015.’’ It has now been determined that the application contains all information PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 necessary to initiate processing of the application. The USCG deemed the application complete on June 29, 2015. Also on May 8, 2015, Delfin LNG filed an application with the Federal Energy Regulatory Commission (FERC) requesting authorizations pursuant to the Natural Gas Act and 18 CFR part 157. This application was noticed on FERC’s Docket No. CP15–490–000 on May 20, 2015 and in the Federal Register (80 FR 30266–01). The following is an excerpt from that Federal Register Notice: Take notice that on May 8, 2015 Delfin LNG LLC (Delfin LNG), 1100 Louisiana Street, Houston, Texas 77002, filed in Docket No. CP15–490–000, an Application pursuant to section 7(c) of the Commission’s Regulations under the Natural Gas Act and Parts 157 of the Federal Energy Regulatory Commission’s (Commission) regulations requesting authorization to (1) reactivate approximately 1.1 miles of existing 42-inch pipeline formerly owned by U–T Offshore System (UTOS), which runs from Transcontinental Gas Pipeline Company Station No. 44 (Transco Station 44) to the mean highwater mark along the Cameron Parish Coast; (2) install 74,000 horsepower of new compression; (3) construct 0.25 miles of 42-inch pipeline to connect the former UTOS line to the new meter station; and (4) construct 0.6 miles of twin 30-inch pipelines between Transco Station 44 and the new compressor station in Cameron Parrish, Louisiana that comprise the onshore portion of Delfin LNG’s proposed deepwater port (DWP), an offshore liquefied natural gas facility located off the coast of Louisiana in the Gulf of Mexico, all as more fully set forth in the application, which is on file with the Commission and open to public inspection. Additionally, Delfin LNG requests a blanket construction certificate under Part 17, Subpart F of the Commission’s regulations. This filing may be viewed on the web at https://www.ferc.gov using the‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC at FERCOnlineSupport@ ferc.gov or call toll-free, (886) 208–3676 or TYY, (202) 502–8659. . . . . Delfin LNG’s onshore facilities will connect with the DWP facilities that are subject to jurisdiction of the Maritime Authority [sic] (MARAD) and the United States Coast Guard (USCG). Additionally, as part of Delfin LNG’s DWP, Delfin LNG proposes to lease a segment of pipeline from High Island Offshore System, LLC (HIOS) that extends from the terminus of the UTOS pipeline offshore. Delfin LNG states in its application that HIOS will submit a separate application with the Commission seeking authorization to abandon by lease its facilities to Delfin LNG. Because the review of the DWP proposal is the jurisdiction of MARAD and USCG, the Commission acknowledges Delfin LNG’s application in Docket No. CP15–490–000 on May 8, 2015. However, the Commission will E:\FR\FM\16JYN1.SGM 16JYN1

Agencies

[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Notices]
[Pages 42161-42162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17433]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-2014-0342 and FMCSA-2014-0407]


Hours of Service (HOS) of Drivers; Applications for Exemption 
From the 14-Hour Rule

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

ACTION: Notice of final dispositions; denial of applications for 
exemption.

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

SUMMARY: FMCSA announces its denial of the applications of the American 
Moving & Storage Association (AMSA) and the International Association 
of Movers (IAM) for an exemption that would allow a driver to operate a 
commercial motor vehicle (CMV) after the 14th hour since coming on 
duty. AMSA and IAM are engaged in the movement of household goods by 
CMV. They requested the exemption for their drivers who are delayed at 
a residence beyond the 14th hour and need to move the vehicle to a 
secure location for overnight parking. FMCSA concluded that AMSA and 
IAM did not demonstrate how CMV operations under such an exemption 
would be likely to achieve a level of safety equivalent to or greater 
than the level of safety that would be obtained in the absence of the 
exemption.

DATES: FMCSA denied the applications for exemption by letters dated 
April 16 (IAM) and June 8 (AMSA).

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. 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)).

Application for Exemption

    AMSA and IAM are trade associations representing entities engaged 
in the movement of household goods by CMV. By separate applications, 
they sought exemption from the ``14-hour rule'' in 49 CFR 395.3(a)(2), 
which prohibits a CMV driver from driving a property-carrying CMV after 
the 14th hour after coming on duty following 10 consecutive hours off 
duty. They proposed that the exemption would be used solely by drivers 
who need to drive a moving van from a customer's residence to a safe 
place for overnight parking after the 14th hour of their duty day has 
elapsed. AMSA and IAM stated that unexpected delays during the day 
result in this predicament. They further stated that movement of CMVs 
from residential areas to overnight parking eliminates the safety 
hazard created when vans are parked in residential neighborhoods, and 
ensures the security of household goods in the moving vans. AMSA and 
IAM proposed that the exemption limit CMV driving after the 14th hour 
to 75 miles or 90 minutes.

Public Comments

    On September 9, 2014, FMCSA published notice of the AMSA 
application and asked for public

[[Page 42162]]

comment (79 FR 53510). Four individuals and Advocates for Highway and 
Auto Safety submitted comments. All opposed the application for 
exemption. On November 19, 2014, FMCSA published notice of the IAM 
application and asked for public comment (79 FR 68958). Ten commenters 
supported the application and five opposed it.

Agency Decision

    The Agency's decision is based upon the information provided by the 
applicants, review of the comments received in response to the Federal 
Register notices, and the substantial body of HOS research the FMCSA 
relied upon to implement the 14-hour rule (68 FR 22473, April 28, 
2003). The applicants for exemption did not offer any measures to 
offset the excessive fatigue to which CMV drivers operating beyond the 
14th hour would be subjected. Furthermore, the applications did not 
limit how often the proposed exemption could be used. The FMCSA must 
therefore deny the applications for exemption.
    The Agency denied the IAM and AMSA applications by letters dated 
April 16, 2015, and June 8, 2015, respectively. In each case, the 
Agency concluded that CMV operations under the exemption were not 
likely to achieve a level of safety equivalent to or greater than the 
level of safety that would be achieved in the absence of the exemption 
[49 CFR 381.310(c)(5)]. Copies of the denial letters are in the 
respective dockets.

    Issued on: July 9, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-17433 Filed 7-15-15; 8:45 am]
BILLING CODE 4910-EX-P

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