Hours of Service of Drivers: PJ Helicopters, Inc.; Application for Exemption, 12018-12019 [2019-06097]
Download as PDF
12018
Federal Register / Vol. 84, No. 61 / Friday, March 29, 2019 / Notices
Issued on: March 20, 2019.
Clarence W. Coleman,
Preconstruction and Environment Director,
Raleigh, North Carolina.
[FR Doc. 2019–06006 Filed 3–28–19; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0079]
Hours of Service of Drivers: PJ
Helicopters, Inc.; 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 an application from PJ
Helicopters, Inc. (PJH) requesting an
exemption from two provisions of the
hours-of-service (HOS) regulations for
its ground support equipment operators.
PJH requested relief from the 14-hour
rule and the requirement that drivers
have 10 consecutive hours off-duty at
the end of the work shift. The
exemption would allow PJH’s ground
support equipment operators a 16-hour
window within which to complete all
driving, and enable these operators to
use an 8-consecutive hour off duty
break, combined with at least two other
off duty hours during the 16-hour
window within which driving would be
completed, in lieu of taking 10
consecutive hours off duty. If granted,
the exemption would cover PJH’s CMV
operators only when they are
responding to or returning from an
active incident as requested by an
officer of a public agency or public
utility. PJH believes that granting these
exemptions will have no adverse safety
impacts while its ground support
equipment operators are responding to
said incidents. FMCSA requests public
comment on PJH’s application for
exemptions.
SUMMARY:
Comments must be received on
or before April 29, 2019.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Number
FMCSA–2019–0079 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
jbell on DSK30RV082PROD with NOTICES
DATES:
VerDate Sep<11>2014
17:48 Mar 28, 2019
Jkt 247001
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:
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–2019–0079), 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
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
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–2019–0079’’ 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).
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 exemption application from PJ
Helicopters, Inc. (PJH) states that the
company has been serving the utility
helicopter industry as an emergency
response company for over 45 years.
Most of its customers are firefighting
E:\FR\FM\29MRN1.SGM
29MRN1
jbell on DSK30RV082PROD with NOTICES
Federal Register / Vol. 84, No. 61 / Friday, March 29, 2019 / Notices
agencies, law enforcement agencies, and
public utilities. PJH’s customers require
timely responses and long hours when
dealing with emergency-related
incidents. PJH’s helicopters must be
fueled and serviced in a timely fashion
by PJH’s ground support crews. PJH is
requesting an exemption from 49 CFR
395.3(a)(1) and 49 CFR 395.3(a)(2), for
all of its ground support equipment
operators.
The requested exemption would
apply to approximately 32 ground
support equipment operators who all
possess commercial driver’s licenses
with applicable endorsements,
including the operation of tank vehicle
combinations. A ground support
equipment operator is an individual
specially trained to work around
helicopters performing refueling,
rigging, reloading and maintenance
duties. PJH states in its application that
if its ground crew cannot legally support
the helicopter for the duration of the
requirements, the firefighters, law
enforcement and linemen will not have
air support and resources at remote
locations. This in turn, results in
communities being under greater threat
from fires, lawless individuals and
destabilized electrical grids.
The first exemption, if granted, would
allow PJH’s ground support equipment
operators to drive up until the end of
the 16th hour after coming on duty
instead of 14 hours. PJH states that is an
emergency response company
contracted to agencies focused on public
safety, and that there currently are no
exemption provisions in the Part 395
HOS regulations for private companies
that assist in emergency efforts. PJH’s
Federal and State government contracts
specify that ground support equipment
operators must be available for a
maximum of 14 hours. On a typical day,
at 6:00 a.m., the commercial motor
vehicle (CMV) is dispatched 100 miles
away to a remote landing area. Upon
arrival, the unit stays at the dispatched
location to support efforts in
extinguishing a fire until 8:30 p.m. The
unit is then released by the agency to
travel to the nearest lodging 1.5 hours
away. This would result in the driver
arriving at 10:00 p.m., and at this point,
the driver is in violation of the ‘‘14-hour
rule’’ in 49 CFR 395.3(a)(2). In
summary, at the end of the day, when
the helicopter is finished flying, a
mechanic is required to inspect and
repair the aircraft as needed. With a
long flight day and these added duties,
a PJH mechanic is most certainly going
to exceed the ‘‘14-hour rule’’ when
finished with maintenance duties and
travelling between the helicopter and
the place of lodging. Without the
VerDate Sep<11>2014
17:48 Mar 28, 2019
Jkt 247001
requested 16-hour exemption, PJH’s
ground crew must be released earlier in
the day to get back to the place of
lodging before reaching the ‘‘14-hour
rule’’ limit, which decreases the
availability of the aircraft by a minimum
of 14 total hours each week.
PJH’s second exemption request is
intended to work in conjunction with
the first request and would enable its
ground support equipment operators to
have only 8, instead of 10, consecutive
hours off duty before coming on duty
again. Relating to the scenario detailed
above, in complying with the current
‘‘14-hour rule,’’ PJH’s employees also
cannot go on duty to drive until 8:00
a.m. the next morning, at the earliest,
after a required 10 consecutive hour rest
break. As is typical with these
operations, if the helicopter was
dispatched at 6:00 a.m. to another fire,
which resulted in a 3-hour drive time,
the PJH driver would not arrive until
11:30 a.m. at the earliest. Depending on
the helicopter model’s fuel capacity and
burn rate, the average helicopter can
only fly for 2 hours. Due to the driver’s
duty limitations, the helicopter would
be unable to support emergency
incidents for at least 3.5 hours until the
fuel truck arrives to refuel. If the driver
in this example—a not uncommon
one—was able to utilize the proposed
exemption request of 8 consecutive
hours off duty instead of 10, the
helicopter would have been available to
fight fires for an additional 2 hours the
second day, and the PJH driver would
not be in violation of the Federal HOS
regulations. As a part of this exemption
request, PJH’s ‘‘ground crew members’’
would be required to have had 8
uninterrupted hours off duty [instead of
10] before driving again, provided they
have had at least 2 hours off duty during
that 16-hour period PJH they also
requested, and are responding to or
returning from an active incident as
requested by an officer of a public
agency or public utility.
PJH states that the ground crew
members’ schedules are characterized
by daytime hours, low-stress periods of
waiting during the workday, and very
limited hours of actual driving on
public roads. Ground crew members are
relieved of any work—and are off
duty—for long periods throughout a
typical workday, so, relative to the
service provided, allowing 2 more hours
of duty time when coming on duty
responding to and returning from
emergency incidents would, if anything,
increase the overall safety of the public.
PJH believes that its application
includes simple, alternative HOS
options; among them not driving after
the 16th hour after coming on duty and
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
12019
allowing only 8 hours consecutively off
duty before coming on duty again. In
addition, the driver must have at least
2 hours off duty during that 16-hour
period and be responding to or
returning from an active incident as
requested by an officer of a public
agency or public utility. PJH’s drivers
would need to use this exemption, on
average, once every two weeks during
the months of April through October.
PJH would still be required to use
electronic logging devices to help track
duty hours, and most of the time they
would be subject to Part 395 HOS rules.
PJH has proposed conditional rules that
are designed to keep the drivers using
this exemption from driving fatigued.
PJH states that when using this
proposed exemption, its drivers would
achieve a level safety that meets or
exceeds the current regulations. A copy
of PJH’s application for exemptions is
available for review in the docket for
this notice.
Issued on: March 22, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–06097 Filed 3–28–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0085]
Hours of Service of Drivers: National
Waste & Recycling Association;
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 an application from the
National Waste & Recycling Association
(NWRA) requesting an exemption from
one of the criteria for using the ‘‘shorthaul—100 air-mile radius driver’’
exception to the requirement for the
preparation and retention of records of
duty status (RODS). NWRA asks that all
short-haul commercial motor vehicle
(CMV) drivers in the waste and
recycling industry be allowed up to 14
hours (instead of the current 12 hours)
to return to the original work reporting
location without losing their short-haul
status. FMCSA requests public comment
on NWRA’s application for exemption.
DATES: Comments must be received on
or before April 29, 2019.
ADDRESSES: You may submit comments
identified by Federal Docket
SUMMARY:
E:\FR\FM\29MRN1.SGM
29MRN1
Agencies
[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Notices]
[Pages 12018-12019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06097]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0079]
Hours of Service of Drivers: PJ Helicopters, Inc.; 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 an application from PJ
Helicopters, Inc. (PJH) requesting an exemption from two provisions of
the hours-of-service (HOS) regulations for its ground support equipment
operators. PJH requested relief from the 14-hour rule and the
requirement that drivers have 10 consecutive hours off-duty at the end
of the work shift. The exemption would allow PJH's ground support
equipment operators a 16-hour window within which to complete all
driving, and enable these operators to use an 8-consecutive hour off
duty break, combined with at least two other off duty hours during the
16-hour window within which driving would be completed, in lieu of
taking 10 consecutive hours off duty. If granted, the exemption would
cover PJH's CMV operators only when they are responding to or returning
from an active incident as requested by an officer of a public agency
or public utility. PJH believes that granting these exemptions will
have no adverse safety impacts while its ground support equipment
operators are responding to said incidents. FMCSA requests public
comment on PJH's application for exemptions.
DATES: Comments must be received on or before April 29, 2019.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2019-0079 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-2019-0079), 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-2019-0079'' 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 exemption application from PJ Helicopters, Inc. (PJH) states
that the company has been serving the utility helicopter industry as an
emergency response company for over 45 years. Most of its customers are
firefighting
[[Page 12019]]
agencies, law enforcement agencies, and public utilities. PJH's
customers require timely responses and long hours when dealing with
emergency-related incidents. PJH's helicopters must be fueled and
serviced in a timely fashion by PJH's ground support crews. PJH is
requesting an exemption from 49 CFR 395.3(a)(1) and 49 CFR 395.3(a)(2),
for all of its ground support equipment operators.
The requested exemption would apply to approximately 32 ground
support equipment operators who all possess commercial driver's
licenses with applicable endorsements, including the operation of tank
vehicle combinations. A ground support equipment operator is an
individual specially trained to work around helicopters performing
refueling, rigging, reloading and maintenance duties. PJH states in its
application that if its ground crew cannot legally support the
helicopter for the duration of the requirements, the firefighters, law
enforcement and linemen will not have air support and resources at
remote locations. This in turn, results in communities being under
greater threat from fires, lawless individuals and destabilized
electrical grids.
The first exemption, if granted, would allow PJH's ground support
equipment operators to drive up until the end of the 16th hour after
coming on duty instead of 14 hours. PJH states that is an emergency
response company contracted to agencies focused on public safety, and
that there currently are no exemption provisions in the Part 395 HOS
regulations for private companies that assist in emergency efforts.
PJH's Federal and State government contracts specify that ground
support equipment operators must be available for a maximum of 14
hours. On a typical day, at 6:00 a.m., the commercial motor vehicle
(CMV) is dispatched 100 miles away to a remote landing area. Upon
arrival, the unit stays at the dispatched location to support efforts
in extinguishing a fire until 8:30 p.m. The unit is then released by
the agency to travel to the nearest lodging 1.5 hours away. This would
result in the driver arriving at 10:00 p.m., and at this point, the
driver is in violation of the ``14-hour rule'' in 49 CFR 395.3(a)(2).
In summary, at the end of the day, when the helicopter is finished
flying, a mechanic is required to inspect and repair the aircraft as
needed. With a long flight day and these added duties, a PJH mechanic
is most certainly going to exceed the ``14-hour rule'' when finished
with maintenance duties and travelling between the helicopter and the
place of lodging. Without the requested 16-hour exemption, PJH's ground
crew must be released earlier in the day to get back to the place of
lodging before reaching the ``14-hour rule'' limit, which decreases the
availability of the aircraft by a minimum of 14 total hours each week.
PJH's second exemption request is intended to work in conjunction
with the first request and would enable its ground support equipment
operators to have only 8, instead of 10, consecutive hours off duty
before coming on duty again. Relating to the scenario detailed above,
in complying with the current ``14-hour rule,'' PJH's employees also
cannot go on duty to drive until 8:00 a.m. the next morning, at the
earliest, after a required 10 consecutive hour rest break. As is
typical with these operations, if the helicopter was dispatched at 6:00
a.m. to another fire, which resulted in a 3-hour drive time, the PJH
driver would not arrive until 11:30 a.m. at the earliest. Depending on
the helicopter model's fuel capacity and burn rate, the average
helicopter can only fly for 2 hours. Due to the driver's duty
limitations, the helicopter would be unable to support emergency
incidents for at least 3.5 hours until the fuel truck arrives to
refuel. If the driver in this example--a not uncommon one--was able to
utilize the proposed exemption request of 8 consecutive hours off duty
instead of 10, the helicopter would have been available to fight fires
for an additional 2 hours the second day, and the PJH driver would not
be in violation of the Federal HOS regulations. As a part of this
exemption request, PJH's ``ground crew members'' would be required to
have had 8 uninterrupted hours off duty [instead of 10] before driving
again, provided they have had at least 2 hours off duty during that 16-
hour period PJH they also requested, and are responding to or returning
from an active incident as requested by an officer of a public agency
or public utility.
PJH states that the ground crew members' schedules are
characterized by daytime hours, low-stress periods of waiting during
the workday, and very limited hours of actual driving on public roads.
Ground crew members are relieved of any work--and are off duty--for
long periods throughout a typical workday, so, relative to the service
provided, allowing 2 more hours of duty time when coming on duty
responding to and returning from emergency incidents would, if
anything, increase the overall safety of the public.
PJH believes that its application includes simple, alternative HOS
options; among them not driving after the 16th hour after coming on
duty and allowing only 8 hours consecutively off duty before coming on
duty again. In addition, the driver must have at least 2 hours off duty
during that 16-hour period and be responding to or returning from an
active incident as requested by an officer of a public agency or public
utility. PJH's drivers would need to use this exemption, on average,
once every two weeks during the months of April through October.
PJH would still be required to use electronic logging devices to
help track duty hours, and most of the time they would be subject to
Part 395 HOS rules. PJH has proposed conditional rules that are
designed to keep the drivers using this exemption from driving
fatigued. PJH states that when using this proposed exemption, its
drivers would achieve a level safety that meets or exceeds the current
regulations. A copy of PJH's application for exemptions is available
for review in the docket for this notice.
Issued on: March 22, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-06097 Filed 3-28-19; 8:45 am]
BILLING CODE 4910-EX-P