Hours of Service of Drivers: R.J. Corman Railroad Services, Cranemasters, Inc., and National Railroad Construction and Maintenance Association, Inc., 8565-8566 [2019-04189]
Download as PDF
Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Notices
Dated: March 1, 2019.
Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2019–04190 Filed 3–7–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0056]
Hours of Service of Drivers: R.J.
Corman Railroad Services,
Cranemasters, Inc., and National
Railroad Construction and
Maintenance Association, Inc.
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 R.J.
Corman Railroad Services,
Cranemasters, Inc., (‘‘Companies’’) and
the National Railroad Construction and
Maintenance Association, Inc.
requesting a limited exemption from the
regulatory hours-of-service (HOS)
maximum driving time requirements for
drivers of property-carrying vehicles.
The applicants request the exemption to
enable affected railroad employees,
subject to the HOS rule, to respond to
an unplanned event that occurs outside
of or extends beyond the employee’s
normal work hours. FMCSA requests
public comment on the Companies’
application for exemption.
DATES: Comments must be received on
or before April 8, 2019.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
2019–0056 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
SUMMARY:
VerDate Sep<11>2014
16:24 Mar 07, 2019
Jkt 247001
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: 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:
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–2019–0056), 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–2019–0056’’ 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
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
8565
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.
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. 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
R.J. Corman Railroad Services,
Cranemasters, Inc., (‘‘Companies’’) and
the National Railroad Construction and
Maintenance Association, Inc. is
requesting an exemption from the HOS
regulations in 49 CFR part 395 for their
employees who transport equipment
used to clear derailed or disabled trains
or debris blocking tracks or railroad
rights-of-way when they are responding
to unplanned events that affect
interstate commerce, service or the
safety of railway operations, including
passenger rail operations.
The Companies assert that many
unplanned events occur outside of
normal business hours and in many
instances the situation is locally
contained. In that case, while a local
government official could declare an
emergency that would exempt the
E:\FR\FM\08MRN1.SGM
08MRN1
8566
Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Notices
company and its drivers from the HOS
regulations, local government officials
have not done so and it would not be
practical for them to do so in the future.
This is because (1) many unplanned
events occur in remote locations where
it may not be clear who a railroad
should contact to declare an emergency;
(2) more than half of unplanned event
call times typically occur between 4:00
p.m. and 7:00 .a.m., including a large
number between midnight and 7:00,
making it virtually impossible for the
railroads to contact an official to request
an emergency declaration before they
request a contractor to respond to the
unplanned event; and (3) companies
likely would not know if such an
emergency declaration had been made
before they respond to a call from a
railroad.
In their application, the Companies
compare the work of railroad employees
responding to an emergency situation to
that of utility service employees
responding to an emergency situation.
Utility service vehicles are exempt from
the HOS regulations. According to the
Companies, the rationale for the utility
service vehicle exemption applies with
equal force to railroad emergency
response contractors when they respond
to unplanned events.
The Companies are seeking an
exemption from the HOS regulations
only for the time spent by their drivers
driving to the site of the unplanned
event. The term ‘‘unplanned event’’
includes, but is not limited to some of
the following: A derailment; a rail
failure or other report of dangerous track
condition; a disruption to the electric
propulsion system; a bridge-strike; a
disabeled vehicle on the track; a train
collision; weather and storm-related
events; a matter of national security; or
a matter concerning public safety; a
blocked grade crossing, etc. The
Companies said that the exemption
would be narrower than the utilility
service exemption, which allows drivers
to drive after they complete work
restoring utility service. The Companies
wrote that they would ensure their
drivers would not drive a CMV after
completing work until the drivers had
obtained the required 10 hours or 34
hours of rest depending on their
cumulative hours on duty for the day
and week. The applicants request the
exemption be granted for five years.
IV. Method To Ensure an Equivalent or
Greater Level of Safety
The Companies state that they have
and will continue to take the following
steps to ensure that safety is not
compromised by the exemption. The
Companies will do the following:
VerDate Sep<11>2014
16:24 Mar 07, 2019
Jkt 247001
• Ensure drivers will have at least one
hour of lead time before mobilizing
equipment and actively begin driving;
• During one-hour lead time, drivers
can participate in stretching and light
exercise to improve alertness prior to
driving;
• Drivers will drive in a convoy using
escort vehicles in the front and back;
• Vehicles will be equipped with
two-way radios and supervisors conduct
routine radio checks every 30 to 45
minutes requiring response from
drivers; and
• Ensure supervisors train employees
to recognize fatigue and that drivers
adhere to policy that no driver is
required to drive a vehicle if feeling
fatigued.
The applicants believe that the
exemption, if granted, would not pose a
safety risk since the drivers drive
relatively short distances on public
roads to get to the site of an unplanned
event and do not drive after completing
work at a site until requisite rest is
obtained. A copy of the application for
exemption is available for review in the
docket for this notice.
Issued on: March 1, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–04189 Filed 3–7–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2019–0029]
Requested Administrative Waiver of
the Coastwise Trade Laws: Vessel
KADIDDLEHOPPER (50′ Sailboat);
Invitation for Public Comments
Maritime Administration, DOT.
Notice.
AGENCY:
ACTION:
The Secretary of
Transportation, as represented by the
Maritime Administration (MARAD), is
authorized to grant waivers of the U.S.build requirements of the coastwise
trade laws to allow the carriage of no
more than twelve passengers for hire on
vessels, which are three years old or
more. 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
April 8, 2019.
ADDRESSES: You may submit comments
identified by DOT Docket Number
MARAD–2019–0029 by any one of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Search
SUMMARY:
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
MARAD–2019–0029 and follow the
instructions for submitting comments.
• Mail or Hand Delivery: Docket
Management Facility is in the West
Building, Ground Floor of the U.S.
Department of Transportation. The
Docket Management Facility location
address is: U.S. Department of
Transportation, MARAD–2019–0029,
1200 New Jersey Avenue SE, West
Building, Room W12–140, Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except on
Federal holidays.
Note: If you mail or hand-deliver your
comments, we recommend that you
include your name and a mailing
address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
Instructions: All submissions received
must include the agency name and
specific docket number. All comments
received will be posted without change
to the docket at www.regulations.gov,
including any personal information
provided. For detailed instructions on
submitting comments, see the section
entitled Public Participation.
FOR FURTHER INFORMATION CONTACT:
Bianca Carr, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue SE, Room W23–453,
Washington, DC 20590. Telephone 202–
366–9309, Email Bianca.carr@dot.gov.
SUPPLEMENTARY INFORMATION: As
described by the applicant the intended
service of the vessel
KADIDDLEHOPPER is:
—Intended Commercial use of Vessel:
‘‘Private Charters up to 12
passengers’’
—Geographic Region Including Base of
Operations: ‘‘California’’ (Base of
Operations: Marina Del Ray, CA)
—Vessel Length and Type: 50′ sailboat
The complete application is available
for review identified in the DOT docket
as MARAD–2019–0029 at https://
www.regulations.gov. Interested parties
may comment on the effect this action
may have on U.S. vessel builders or
businesses in the U.S. that use U.S.-flag
vessels. If MARAD determines, in
accordance with 46 U.S.C. 12121 and
MARAD’s regulations at 46 CFR part
388, that the issuance of the waiver will
have an unduly adverse effect on a U.S.vessel builder or a business that uses
U.S.-flag vessels in that business, a
waiver will not be granted. Comments
should refer to the vessel name, state the
commenter’s interest in the waiver
application, and address the waiver
criteria given in section 388.4 of
E:\FR\FM\08MRN1.SGM
08MRN1
Agencies
[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Notices]
[Pages 8565-8566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04189]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0056]
Hours of Service of Drivers: R.J. Corman Railroad Services,
Cranemasters, Inc., and National Railroad Construction and Maintenance
Association, Inc.
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 R.J.
Corman Railroad Services, Cranemasters, Inc., (``Companies'') and the
National Railroad Construction and Maintenance Association, Inc.
requesting a limited exemption from the regulatory hours-of-service
(HOS) maximum driving time requirements for drivers of property-
carrying vehicles. The applicants request the exemption to enable
affected railroad employees, subject to the HOS rule, to respond to an
unplanned event that occurs outside of or extends beyond the employee's
normal work hours. FMCSA requests public comment on the Companies'
application for exemption.
DATES: Comments must be received on or before April 8, 2019.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2019-0056 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: 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:
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-2019-0056), 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-2019-0056'' 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.
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. 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
R.J. Corman Railroad Services, Cranemasters, Inc., (``Companies'')
and the National Railroad Construction and Maintenance Association,
Inc. is requesting an exemption from the HOS regulations in 49 CFR part
395 for their employees who transport equipment used to clear derailed
or disabled trains or debris blocking tracks or railroad rights-of-way
when they are responding to unplanned events that affect interstate
commerce, service or the safety of railway operations, including
passenger rail operations.
The Companies assert that many unplanned events occur outside of
normal business hours and in many instances the situation is locally
contained. In that case, while a local government official could
declare an emergency that would exempt the
[[Page 8566]]
company and its drivers from the HOS regulations, local government
officials have not done so and it would not be practical for them to do
so in the future. This is because (1) many unplanned events occur in
remote locations where it may not be clear who a railroad should
contact to declare an emergency; (2) more than half of unplanned event
call times typically occur between 4:00 p.m. and 7:00 .a.m., including
a large number between midnight and 7:00, making it virtually
impossible for the railroads to contact an official to request an
emergency declaration before they request a contractor to respond to
the unplanned event; and (3) companies likely would not know if such an
emergency declaration had been made before they respond to a call from
a railroad.
In their application, the Companies compare the work of railroad
employees responding to an emergency situation to that of utility
service employees responding to an emergency situation. Utility service
vehicles are exempt from the HOS regulations. According to the
Companies, the rationale for the utility service vehicle exemption
applies with equal force to railroad emergency response contractors
when they respond to unplanned events.
The Companies are seeking an exemption from the HOS regulations
only for the time spent by their drivers driving to the site of the
unplanned event. The term ``unplanned event'' includes, but is not
limited to some of the following: A derailment; a rail failure or other
report of dangerous track condition; a disruption to the electric
propulsion system; a bridge-strike; a disabeled vehicle on the track; a
train collision; weather and storm-related events; a matter of national
security; or a matter concerning public safety; a blocked grade
crossing, etc. The Companies said that the exemption would be narrower
than the utilility service exemption, which allows drivers to drive
after they complete work restoring utility service. The Companies wrote
that they would ensure their drivers would not drive a CMV after
completing work until the drivers had obtained the required 10 hours or
34 hours of rest depending on their cumulative hours on duty for the
day and week. The applicants request the exemption be granted for five
years.
IV. Method To Ensure an Equivalent or Greater Level of Safety
The Companies state that they have and will continue to take the
following steps to ensure that safety is not compromised by the
exemption. The Companies will do the following:
Ensure drivers will have at least one hour of lead time
before mobilizing equipment and actively begin driving;
During one-hour lead time, drivers can participate in
stretching and light exercise to improve alertness prior to driving;
Drivers will drive in a convoy using escort vehicles in
the front and back;
Vehicles will be equipped with two-way radios and
supervisors conduct routine radio checks every 30 to 45 minutes
requiring response from drivers; and
Ensure supervisors train employees to recognize fatigue
and that drivers adhere to policy that no driver is required to drive a
vehicle if feeling fatigued.
The applicants believe that the exemption, if granted, would not
pose a safety risk since the drivers drive relatively short distances
on public roads to get to the site of an unplanned event and do not
drive after completing work at a site until requisite rest is obtained.
A copy of the application for exemption is available for review in the
docket for this notice.
Issued on: March 1, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-04189 Filed 3-7-19; 8:45 am]
BILLING CODE 4910-EX-P