Hours of Service of Drivers: HEPACO, LLC; Heritage Environmental Services, LLC; Lewis Environmental, Inc.; and Moran Environmental Recovery, LLC; Application for Exemption, 39498-39500 [2018-17062]
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39498
Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices
adequate corrective action when fraud is
discovered; and imposed sanctions
against States for noncompliance. This
Final Rule published on May 9, 2011
includes all the OIG’s
recommendations. Many of the
operational procedures suggested by the
OIG for carrying out the
recommendations have also been
adopted.
This information collection supports
the DOT Strategic Goal of Safety by
requiring that drivers of CMVs are
properly licensed according to all
applicable Federal requirements.
The 10-year employment history
information supplied by the CDL holder
to the employer upon application for
employment (49 CFR 383.35) is used to
assist the employer in meeting his/her
responsibilities to ensure that the
applicant does not have a history of
high safety risk behavior.
State officials use the information
collected on the license application
form (49 CFR 383.71), the medical
certificate information that is posted to
the driving record and the conviction
and disqualification data posted to the
driving record (49 CFR 383.73) to
prevent unqualified and/or disqualified
CDL holders from operating CMVs on
the nation’s highways. State officials are
also required to administer knowledge
and skills tests to CDL driver applicants
(49 CFR 384.202). The driver applicant
is required to correctly answer at least
80 percent of the questions on each
knowledge test to achieve a passing
score on that test. To achieve a passing
score on the skills test, the driver
applicant must demonstrate that he/she
can successfully perform all the skills
listed in the regulations. During State
CDL compliance reviews, FMCSA
officials review this information to
ensure that the provisions of the
regulations are being carried out.
Without the aforementioned
requirements, there would be no
uniform control over driver licensing
practices to prevent unqualified and/or
disqualified drivers from being issued a
CDL and to prevent unsafe drivers from
spreading their convictions among
several licenses in several States and
remaining behind the wheel of a CMV.
Failure to collect this information
would render the regulations
unenforceable.
This request for renewed approval
includes one additional information
collection item: ‘‘Driver completion of
knowledge and skills tests [49 CFR
384.201].’’ This section is added as a
result of a new requirement for States to
assure the testing of commercial
learner’s permits follow a standardized
testing procedure.
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18:11 Aug 08, 2018
Jkt 244001
Title: Commercial Driver Licensing
and Test Standards.
OMB Number: 2126–0011.
Type of Request: Revision of a
currently-approved information
collection.
Respondents: Drivers with a
commercial learner’s permit (CLP) or
commercial driver’s license (CDL) and
State driver licensing agencies.
Estimated Number of Respondents:
7,364,972 driver respondents and 4,746
State respondents.
Estimated Time per Response: Varies.
Expiration Date: October 31, 2018.
Frequency of Response: Varies.
Estimated Total Annual Burden:
2,825,503 hours, which is the total of
four tasks for CDL drivers (2,403,248
hours), added to a total of eight tasks for
State driver licensing agency CDL
activities (422,255 hours).
Information collection tasks and
associated burden hours are as follows:
IC–1.1 Driver Notification of
Convictions/Disqualifications to
Employer: 473,577 hours
IC–1.2 Driver Providing Previous
Employment History to New
Employer: 297,758 hours
IC–1.3 Driver Completion of the CDL
Application Form: 40,719 hours
IC–1.4 Driver Completion of Knowledge
and Skills Tests: 1,591,194 hours
IC–2.1 State Recording of Medical
Examiner’s Certificate Information:
80,344 hours
IC–2.2 State Recording of the Self
Certification of Commercial Motor
Vehicle (CMV) Operation: 3,018 hours
IC–2.3 State Verification of Medical
Certification Status: 3,180
IC–2.4 Annual State Certification of
Compliance: 1,632 hours
IC–2.5 State Preparing for and
Participating in Annual Program
Review: 10,200 hours
IC–2.6 CDLIS/PDPS/State
Recordkeeping: 214,548 hours
IC–2.7 Knowledge and Skills Test
Recordkeeping: 82,034 hours
IC–2.8 Knowledge and Skills Test
Examiner Certification: 27,299 hours
Definitions: Under 49 CFR 383.5:
Commercial motor vehicle (CMV)
means a motor vehicle or combination
of motor vehicles used in commerce to
transport passengers or property if the
motor vehicle—
(1) Has a gross combination weight
rating or gross combination weight of
11,794 kilograms or more (26,001
pounds or more), whichever is greater,
inclusive of a towed unit(s) with a gross
vehicle weight rating or gross vehicle
weight of more than 4,536 kilograms
(10,000 pounds), whichever is greater;
or
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(2) Has a gross vehicle weight rating
or gross vehicle weight of 11,794 or
more kilograms (26,001 pounds or
more), whichever is greater; or
(3) Is designed to transport 16 or more
passengers, including the driver; or
(4) Is of any size and is used in the
transportation of hazardous materials as
defined in this section.
Hazardous materials means any
material that has been designated as
hazardous under 49 U.S.C. 5103 and is
required to be placarded under subpart
F of 49 CFR part 172 or any quantity of
a material listed as a select agent or
toxin in 42 CFR part 73.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The agency will summarize
or include your comments in the request
for OMB’s clearance of this information
collection.
Issued under the authority of 49 CFR 1.87
on: August 2, 2018.
Kelly Regal,
Associate Administrator, Office of Research
and Information Technology.
[FR Doc. 2018–17064 Filed 8–8–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0246]
Hours of Service of Drivers: HEPACO,
LLC; Heritage Environmental Services,
LLC; Lewis Environmental, Inc.; and
Moran Environmental Recovery, LLC;
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 a joint application from
HEPACO, LLC; Heritage Environmental
Services, LLC; Lewis Environmental,
Inc.; and Moran Environmental
Recovery, LLC, for exemption from the
hours-of-service (HOS) regulations for
drivers engaged in providing direct
assistance in environmental
emergencies or potential environmental
emergencies. The applicants request a
SUMMARY:
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Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices
five-year exemption from the ‘‘14-hour
rule’’ for their drivers engaged in
responding to environmental
emergencies. FMCSA requests public
comment on this application for
exemption.
Comments must be received on
or before September 10, 2018.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
2018–0246 by any of the following
methods:
• Federal eRulemaking Portal:
www.regulations.gov. See the Public
Participation and Request for Comments
section below for further information.
• 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.
• 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 FDMS is available
24 hours each day, 365 days each year.
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–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: For
information concerning this notice,
please contact Mr. Richard Clemente,
FMCSA Driver and Carrier Operations
Division; Telephone: (202) 366–2722;
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:
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DATES:
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18:11 Aug 08, 2018
Jkt 244001
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2018–0246), indicate
the specific section of this document to
which the comment applies, and
provide a reason for suggestions or
recommendations. You may submit
your comments and material online or
by fax, mail, or hand delivery, but
please use only one of these means.
FMCSA recommends that you include
your name and a mailing address, an
email address, or a phone number in the
body of your document so the Agency
can contact you if it has questions
regarding your submission.
To submit your comment online, go to
www.regulations.gov and put the docket
number, ‘‘FMCSA–2018–0246’’ in the
‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click on
‘‘Comment Now!’’ button and type your
comment into the text box in the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period
and may grant or not grant this
application based on your comments.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain 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 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).
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39499
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 (up to 5 years) and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
III. Request for Exemption
The following companies are the
applicants for this exemption: HEPACO,
LLC; Heritage Environmental Services,
LLC; Lewis Environmental, Inc. and
Moran Environmental Recovery, LLC.
The applicants’ total number of
commercial driver’s license (CDL)
holders is approximately 758, and their
total number of commercial motor
vehicles (CMVs) is approximately 840.
All of these applicants are members of
the Spill Control Association of America
(SCAA). In responding to emergency
incidents, SCAA members work
alongside a mix of both private industry
and public agencies, and their work
often has a direct impact on protection
of both public safety and the
environment. SCAA advises that the
applicants are contractually required to
provide direct assistance to responsible
parties who are experiencing
environmental emergencies or potential
environmental emergencies. The
applicants define an environmental
emergency as a sudden threat to the
public health or the well-being of the
environment, arising from the release or
potential release of oil, radioactive
materials, or hazardous chemicals into
the air, land, or water. The applicants’
employees are hybrid driver/operator/
technicians, so the total on-duty time
can be a challenge, especially after
hours. Other job duties include
industrial maintenance, spill response,
sampling, lab packing and waste
management. With the current driver
shortage, obtaining drivers with these
additional skills and experience is
becoming more problematic.
The applicants are requesting relief
from 49 CFR 395.3(a)(2), commonly
known as the ‘‘14-hour rule.’’ The
applicants state that the HOS rules have
always been an issue for emergency
response companies. The national
shortage of drivers, and in their case,
drivers with specialized safety and
environmental training, has been
worsening over the last few years,
making this a critical issue. They are
requesting this exemption to allow their
companies to respond to a release or
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Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
threat of a release of oil and other
hazardous materials. The applicants are
requesting relief from this regulation
with the following conditions:
• On-duty period would not exceed
4.5 additional hours for initial response;
• Any driver who exceeds the 14hour period would in no case exceed a
total of 8 hours drive time;
• Drivers would not exceed 70 hours
on duty in 8 days;
• Drivers would be required to take
10 hours off duty, subsequent to the
duty day; and
• All activities would be subject to
the electronic logging device (ELD) rule.
According to the applicants, there
would be a significant challenge in
responding to environmental
emergencies if the exemption was not
granted. The initial response hours are
the most critical in an environmental
emergency and the ability to quickly
respond is vital. They believe that a
tightly managed exemption actually
provides a risk averse situation by
discouraging potentially unmanaged
risk taking. If the exemption is not
granted, there could be a disruption of
nation/regional commerce activities,
including power restoration activities
and protection of interstate commerce
and infrastructure. Granting the
exemption would mitigate public
transportation disruptions, much as tow
trucks do when moving wrecked or
disabled vehicles under 49 CFR
390.23(a)(ii)(3).
IV. Method To Ensure an Equivalent or
Greater Level of Safety
The applicants believe that the
proposed relief, and the parameters in
which their drivers operate, would
continue to provide the highest level of
safety and compliance, while prudently
responding to incidents that threaten
public safety and the environment.
Safety is always the primary objective
and guiding principle of all of the
applicant’s business activities as
demonstrated by the following:
• All applicants have specific policies
on ‘‘fatigue and journey management.’’
• Health and safety is paramount for
all operations dealing with
environmental emergencies and would
remain the case when utilizing the
exemption.
• Drivers who utilize this exemption
may come back into compliance and
restart the computation of maximum
driving time only after 10 hours off duty
which starts at the end of their extended
hours period.
• The exemption would not exempt
drivers/carriers from the requirements
relating to the CDL, drug/alcohol
testing, hazardous materials, size and
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18:11 Aug 08, 2018
Jkt 244001
weight, or State/Federal registration and
tax requirements.
• The applicants understand the
concepts of risk management and
mitigation.
• The applicants maintain a
multitude of safety, security, annual
medical surveillance, and training
plans, as well as comprehensive drug
and alcohol programs compliant with
multiple DOT departments.
• Robust preventative maintenance
programs specific to the equipment are
in place with each of the requesting
applicants.
The applicants believe an equivalent
level of safety will be achieved if their
drivers/companies are exempt from the
requirements as described in this notice.
The requested exemption is for 5 years.
A copy of the application for exemption
is available for review in the docket for
this notice.
Issued on: August 2, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–17062 Filed 8–8–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
National Hazardous Materials Route
Registry
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice; revisions to the listing of
designated and restricted routes for
hazardous materials.
AGENCY:
This notice provides revisions
to the National Hazardous Materials
Route Registry (NHMRR) reported to the
FMCSA as of March 31, 2018. The
NHMRR is a listing, as reported by
States and Tribal governments, of all
designated and restricted roads and
preferred highway routes for
transportation of highway route
controlled quantities (HRCQ) of Class 7
radioactive materials (RAM) (HRCQ/
RAM) and non-radioactive hazardous
materials (NRHMs).
DATES: Applicable date: August 9, 2018.
FOR FURTHER INFORMATION CONTACT: Mr.
Vincent Babich (202) 366–4871, or
vincent.babich@dot.gov, Hazardous
Materials Division, Office of
Enforcement and Compliance, Federal
Motor Carrier Safety Administration,
1200 New Jersey Ave. SE, Washington,
DC 20590. Office hours are from 9 a.m.
to 5 p.m., ET., Monday through Friday,
except for Federal holidays.
SUMMARY:
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Legal Basis and Background
Under 49 United States Code (U.S.C.)
5112, sections (a)(2) and (b), States and
Tribal governments are permitted to
designate and limit highway routes over
which hazardous materials (HM) may be
transported, provided the State or Tribal
government complies with standards
prescribed by the Secretary of
Transportation (the Secretary) and
meets publication requirements in
section 5112(c). To establish standards
under section (b), the Secretary must
consult with the States, and, under
section (c), coordinate with the States to
‘‘update and publish periodically’’ a list
of currently effective HM highway
routing designations and restrictions.
The requirements that States and Tribal
governments must follow to establish,
maintain, or enforce routing
designations for the transport of
placardable quantities of NRHMs are set
forth in title 49 of the Code of Federal
Regulations (CFR) part 397, subpart C.
Subpart D of part 397 sets forth the
requirements for designating preferred
routes for HRCQ/RAM shipments as an
alternative, or in addition, to Interstate
System highways. For HRCQ/RAM
shipments, section 397.101(b)(1) defines
a preferred route as an Interstate
Highway for which no alternative route
is designated by the State, a route
specifically designated by the State, or
both. (See section 397.65 for the
definition of ‘‘NRHM’’ and ‘‘routing
designations.’’)
Under a delegation from the
Secretary,1 FMCSA has authority to
implement 49 U.S.C. 5112.
Currently, 49 CFR 397.73 establishes
public information and reporting
requirements for NRHM. States or Tribal
governments are required to furnish
information regarding any new or
changed routes to FMCSA within 60
days after establishment. Under 49 CFR
397.103, a State routing designation for
HRCQ/RAM routes (preferred routes) as
an alternative, or in addition, to an
Interstate System highway, is effective
when the authorized routing agency
provides FMCSA with written
notification, FMCSA acknowledges
receipt in writing, and the route is
published in FMCSA’s National
Hazardous Material Route Registry. The
Office of Management and Budget has
approved these collections of
information under control number
2126–0014, Transportation of
Hazardous Materials, Highway Routing.
In this notice, FMCSA is merely
performing the ministerial function of
updating and publishing the NHMRR
1 49
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CFR 1.87(d)(2).
09AUN1
]]>Agencies
[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39498-39500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17062]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0246]
Hours of Service of Drivers: HEPACO, LLC; Heritage Environmental
Services, LLC; Lewis Environmental, Inc.; and Moran Environmental
Recovery, LLC; 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 a joint application from
HEPACO, LLC; Heritage Environmental Services, LLC; Lewis Environmental,
Inc.; and Moran Environmental Recovery, LLC, for exemption from the
hours-of-service (HOS) regulations for drivers engaged in providing
direct assistance in environmental emergencies or potential
environmental emergencies. The applicants request a
[[Page 39499]]
five-year exemption from the ``14-hour rule'' for their drivers engaged
in responding to environmental emergencies. FMCSA requests public
comment on this application for exemption.
DATES: Comments must be received on or before September 10, 2018.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2018-0246 by any of the following
methods:
Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
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.
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 FDMS is available 24 hours each
day, 365 days each year.
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-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, please contact Mr. Richard Clemente, FMCSA Driver and Carrier
Operations Division; Telephone: (202) 366-2722; Email: [email protected].
If you have questions on viewing or submitting material to the docket,
contact Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2018-0246), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2018-0246'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period and may grant or not grant this application
based on your comments.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain 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 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 (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
III. Request for Exemption
The following companies are the applicants for this exemption:
HEPACO, LLC; Heritage Environmental Services, LLC; Lewis Environmental,
Inc. and Moran Environmental Recovery, LLC. The applicants' total
number of commercial driver's license (CDL) holders is approximately
758, and their total number of commercial motor vehicles (CMVs) is
approximately 840. All of these applicants are members of the Spill
Control Association of America (SCAA). In responding to emergency
incidents, SCAA members work alongside a mix of both private industry
and public agencies, and their work often has a direct impact on
protection of both public safety and the environment. SCAA advises that
the applicants are contractually required to provide direct assistance
to responsible parties who are experiencing environmental emergencies
or potential environmental emergencies. The applicants define an
environmental emergency as a sudden threat to the public health or the
well-being of the environment, arising from the release or potential
release of oil, radioactive materials, or hazardous chemicals into the
air, land, or water. The applicants' employees are hybrid driver/
operator/technicians, so the total on-duty time can be a challenge,
especially after hours. Other job duties include industrial
maintenance, spill response, sampling, lab packing and waste
management. With the current driver shortage, obtaining drivers with
these additional skills and experience is becoming more problematic.
The applicants are requesting relief from 49 CFR 395.3(a)(2),
commonly known as the ``14-hour rule.'' The applicants state that the
HOS rules have always been an issue for emergency response companies.
The national shortage of drivers, and in their case, drivers with
specialized safety and environmental training, has been worsening over
the last few years, making this a critical issue. They are requesting
this exemption to allow their companies to respond to a release or
[[Page 39500]]
threat of a release of oil and other hazardous materials. The
applicants are requesting relief from this regulation with the
following conditions:
On-duty period would not exceed 4.5 additional hours for
initial response;
Any driver who exceeds the 14-hour period would in no case
exceed a total of 8 hours drive time;
Drivers would not exceed 70 hours on duty in 8 days;
Drivers would be required to take 10 hours off duty,
subsequent to the duty day; and
All activities would be subject to the electronic logging
device (ELD) rule.
According to the applicants, there would be a significant challenge
in responding to environmental emergencies if the exemption was not
granted. The initial response hours are the most critical in an
environmental emergency and the ability to quickly respond is vital.
They believe that a tightly managed exemption actually provides a risk
averse situation by discouraging potentially unmanaged risk taking. If
the exemption is not granted, there could be a disruption of nation/
regional commerce activities, including power restoration activities
and protection of interstate commerce and infrastructure. Granting the
exemption would mitigate public transportation disruptions, much as tow
trucks do when moving wrecked or disabled vehicles under 49 CFR
390.23(a)(ii)(3).
IV. Method To Ensure an Equivalent or Greater Level of Safety
The applicants believe that the proposed relief, and the parameters
in which their drivers operate, would continue to provide the highest
level of safety and compliance, while prudently responding to incidents
that threaten public safety and the environment. Safety is always the
primary objective and guiding principle of all of the applicant's
business activities as demonstrated by the following:
All applicants have specific policies on ``fatigue and
journey management.''
Health and safety is paramount for all operations dealing
with environmental emergencies and would remain the case when utilizing
the exemption.
Drivers who utilize this exemption may come back into
compliance and restart the computation of maximum driving time only
after 10 hours off duty which starts at the end of their extended hours
period.
The exemption would not exempt drivers/carriers from the
requirements relating to the CDL, drug/alcohol testing, hazardous
materials, size and weight, or State/Federal registration and tax
requirements.
The applicants understand the concepts of risk management
and mitigation.
The applicants maintain a multitude of safety, security,
annual medical surveillance, and training plans, as well as
comprehensive drug and alcohol programs compliant with multiple DOT
departments.
Robust preventative maintenance programs specific to the
equipment are in place with each of the requesting applicants.
The applicants believe an equivalent level of safety will be
achieved if their drivers/companies are exempt from the requirements as
described in this notice. The requested exemption is for 5 years. A
copy of the application for exemption is available for review in the
docket for this notice.
Issued on: August 2, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-17062 Filed 8-8-18; 8:45 am]
BILLING CODE 4910-EX-P
