Hours of Service of Drivers: PTS Worldwide, Inc.; Application for Exemption, 55376-55378 [2019-22502]
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55376
Federal Register / Vol. 84, No. 200 / Wednesday, October 16, 2019 / Notices
This standard was adopted in 1970
and was revised in 1971 to allow drivers
to be qualified under this standard
while wearing a hearing aid, 35 FR
6458, 6463 (April 22, 1970) and 36 FR
12857 (July 3, 1971).
On February 1, 2013, FMCSA
announced in a Notice of Final
Disposition titled, ‘‘Qualification of
Drivers; Application for Exemptions;
National Association of the Deaf,’’ (78
FR 7479), its decision to grant requests
from 40 individuals for exemptions
from the Agency’s physical qualification
standard concerning hearing for
interstate CMV drivers. Since that time
the Agency has published additional
notices granting requests from hard of
hearing and deaf individuals for
exemptions from the Agency’s physical
qualification standard concerning
hearing for interstate CMV drivers.
III. Qualifications of Applicants
Ms. Mathis, 37, holds an operator’s license
in Tennessee.
Mr. McClain, 53, holds a class A CDL in
New York.
DEPARTMENT OF TRANSPORTATION
Mr. McGowan, 42, holds a class A CDL in
West Virginia.
Federal Motor Carrier Safety
Administration
Alan Mitchell
Mr. Mitchell, 70, holds a class A CDL in
New York.
Ronald Misner
Mr. Misner, 57, holds a class A CDL in
California.
Matthew Moore
Mr. Moore, 34, holds a class A CDL in
Texas.
Mr. Roberts, 29, holds an operator’s license
in Tennessee.
Gilbert L. Swagger, Jr.
Teddy R. Tice
Mr. Tice, 50, holds a class A CDL in New
York.
Ryan Arrington
Mr. Arrington, 34, holds an operator’s
license in Minnesota.
Cameron Thomas
Jeffrey A. Barbuto
Mr. Barbuto, 38, holds an operator’s license
in New Hampshire.
Mr. Thomas, 33, holds an operator’s
license in Iowa.
Dain Covington
Mr. Covington, 31, holds an operator’s
license in Virginia.
Mr. Turner, 52, holds an operator’s license
in Tennessee.
Tymekia L. Crawford
Ms. Crawford, 26, holds an operator’s
license in Texas.
Mr. Ward, 28, holds an operator’s license
in North Carolina.
Brian J. Davlin
Mr. Davlin, 50, holds a class A CDL in
Nevada.
Mr. Wessels, 28, holds an operator’s
license in Missouri.
John Fazio
Mr. Fazio, 37, holds a class A CDL in Ohio.
Mr. Williams, 58, holds an operator’s
license in Maryland.
Alvin Grasty
Mr. Grasty, 54, holds a class A CDL in
Pennsylvania.
Thomas E. Wray
Derek Hawkins
Mr. Hawkins, 37, holds an operator’s
license in New Hampshire.
IV. Request for Comments
Edward Wessels
Joseph Williams
Mr. Wray, 50, holds an operator’s license
in North Carolina.
Shane Kennedy
Mr. Kennedy, 71, holds a class A CDL in
Florida.
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17:10 Oct 15, 2019
Jkt 250001
Tyler Turner
Jerry Ward
Emil A. Iontchev
Mr. Iontchev, 38, holds a class A CDL in
Illinois.
In accordance with 49 U.S.C. 31136(e)
and 31315(b), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
under the DATES section of the notice.
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Frm 00103
Fmt 4703
[Docket No. FMCSA–2019–0184]
Hours of Service of Drivers: PTS
Worldwide, 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 PTS
Worldwide, Inc. (PTS) (USDOT
1835654) for an exemption from the
hours-of-service (HOS) requirement that
drivers utilizing the sleeper-berth (S/B)
exception obtain a period of at least 8
consecutive hours in the S/B, plus an
additional 2 hours either in the S/B, off
duty, or any combination thereof. PTS
transports highly sensitive cargo for the
Department of Defense (DOD) and
proposes that its team drivers be
permitted to obtain 10 hours in the S/
B in two periods, neither less than 4
hours long. This would allow the driver
to split the required 10 hours into
segments of 4⁄6, 5⁄5, or 6⁄4 hours. FMCSA
requests public comment on PTS’s
application for exemption.
DATES: Comments must be received on
or before November 15, 2019.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Number
FMCSA–2019–0184 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:
Abdiwahab S. Olow
Mr. Swagger, 66, holds a class A CDL in
Texas.
Carlos Arellano
Mr. Arellano, 32, holds an operator’s
license in California.
BILLING CODE 4910–EX–P
Danny W. McGowan
Timothy Roberts
Byron S. Allen
Mr. Allen, 30, holds an operator’s license
in Florida.
Issued on: October 4, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–22501 Filed 10–15–19; 8:45 am]
Billy Joe McClain
Mr. Olow, 31, holds an operator’s license
in Minnesota.
Jeremy T. Albright
Mr. Albright, 31, holds an operator’s
license in California.
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Lacey Mathis
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Federal Register / Vol. 84, No. 200 / Wednesday, October 16, 2019 / Notices
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: Mr.
Richard Clemente, 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.
khammond on DSKJM1Z7X2PROD with NOTICES
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2019–0184), 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–2019–0184’’ 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
VerDate Sep<11>2014
17:10 Oct 15, 2019
Jkt 250001
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 (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 and provide an
opportunity for public comment on the
request.
The Agency performs a review of
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 Agency will publish
its decision 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 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 Agency’s HOS rules (49 CFR part
395) generally require operators of
commercial motor vehicles (CMVs)
transporting property to obtain 10
consecutive hours off duty before they
can drive again after they accumulate
the maximum 11 hours of driving or
reach the end of the 14-hour duty
period, whichever comes first (49 CFR
395.3). However, drivers whose CMV is
equipped with a qualifying sleeper berth
(S/B) may accumulate the equivalent of
10 consecutive hours off duty in two
separate periods, one of at least 8 (but
less than 10) consecutive hours in the S/
B, and another of at least 2 consecutive
hours off duty, whether in the S/B, off
duty, or any combination thereof. It
does not matter which of these two
periods comes first. When the driver has
obtained the two qualifying periods, the
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55377
S/B rule provides the driver more onduty and driving time.
PTS transports sensitive Department
of Defense (DOD) property, including
ammunition and explosives, in
interstate commerce. For security
reasons, this transportation requires a
team of two drivers. PTS seeks by
exemption to allow its team drivers to
split the equivalent of 10 hours off duty
into two S/B periods, neither less than
4 hours long. This would allow splits of
4⁄6, 5⁄5, or 6⁄4 hours. This request is
limited to team operations and is in no
way a request to apply any such
exemption to solo driver operations.
PTS states that its team drivers travel
over 1,100 miles per 24 hours, and
average 60 hours on duty per week.
After 5 weeks on the road, PTS drivers
receive a week off duty at home. PTS
asserts that due to the nature of its
business, these drivers would be more
alert if allowed to take shorter rest
periods in the S/B. It believes that the
shorter period would allow PTS drivers
to obtain nighttime hours in the S/B and
thereby minimize driver fatigue. PTS
states that its vehicle and driver safety
record is better than the national
average and that it has one of the best
safety, security, and service records of
all DOD arms and ammunition
transporters. All power units are
equipped, and any new power units will
be equipped, with on-board electronic
recorders to track driving and on-duty
time, and all power units are governed
to 70 miles per hour.
IV. Method To Ensure an Equivalent or
Greater Level of Safety
To ensure an equivalent level of
safety, PTS offers to split 10 off-duty
hours into two periods, neither less than
4 hours long. This would allow splits of
4⁄6, 5⁄5, or 6⁄4 hours. In addition, the PTS
request would be limited to team driver
operations. PTS’ exemption application
references a study concerning the effects
on sleep that found sleeper berth
flexibility to be a better choice than
consolidated daytime sleep when
consolidated nighttime sleep is not
possible. PTS referenced additional
studies that identified sleeper berth
flexibility as a contributor to
normalizing sleeping patterns and
reducing fatigue. PTS requests the
exemption be granted for the maximum
allowable period (5 years). A copy of
PTS’s application for exemption is
available for review in the docket for
this notice.
E:\FR\FM\16OCN1.SGM
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55378
Federal Register / Vol. 84, No. 200 / Wednesday, October 16, 2019 / Notices
Issued on: October 9, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–22502 Filed 10–15–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities: Information Collection
Revision; Comment Request;
Regulation C—Home Mortgage
Disclosure
Office of the Comptroller of the
Currency (OCC), Treasury.
ACTION: Notice and request for comment.
AGENCY:
The OCC, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on a continuing information
collection as required by the Paperwork
Reduction Act of 1995 (PRA).
An agency may not conduct or
sponsor, and respondents are not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number.
The OCC is soliciting comment
concerning the revision of the
information collection titled
‘‘Regulation C—Home Mortgage
Disclosure.’’
SUMMARY:
Comments must be submitted on
or before December 16, 2019.
ADDRESSES: Commenters are encouraged
to submit comments by email, if
possible. You may submit comments by
any of the following methods:
• Email: prainfo@occ.treas.gov.
• Mail: Chief Counsel’s Office,
Attention: Comment Processing, 1557–
0345, Office of the Comptroller of the
Currency, 400 7th Street SW, Suite 3E–
218, Washington, DC 20219.
• Hand Delivery/Courier: 400 7th
Street SW, Suite 3E–218, Washington,
DC 20219.
• Fax: (571) 465–4326.
Instructions: You must include
‘‘OCC’’ as the agency name and 1557–
0345, in your comment. In general, the
OCC will publish comments on
www.reginfo.gov without change,
including any business or personal
information provided, such as name and
address information, email addresses, or
phone numbers. Comments received,
including attachments and other
supporting materials, are part of the
khammond on DSKJM1Z7X2PROD with NOTICES
DATES:
VerDate Sep<11>2014
17:10 Oct 15, 2019
Jkt 250001
public record and subject to public
disclosure. Do not include any
information in your comment or
supporting materials that you consider
confidential or inappropriate for public
disclosure.
You may review comments and other
related materials that pertain to this
information collection beginning on the
date of publication of the second notice
for this collection 1 by any of the
following methods:
• Viewing Comments Electronically:
Go to www.reginfo.gov. Click on the
‘‘Information Collection Review’’ tab.
Underneath the ‘‘Currently under
Review’’ section heading, from the dropdown menu, select ‘‘Department of
Treasury’’ and then click ‘‘submit.’’ This
information collection can be located by
searching by OMB control number
‘‘Regulation C—Home Mortgage
Disclosure.’’ Upon finding the
appropriate information collection, click
on the related ‘‘ICR Reference Number.’’
On the next screen, select ‘‘View
Supporting Statement and Other
Documents’’ and then click on the link
to any comment listed at the bottom of
the screen.
• For assistance in navigating
www.reginfo.gov, please contact the
Regulatory Information Service Center
at (202) 482–7340.
• Viewing Comments Personally: You
may personally inspect comments at the
OCC, 400 7th Street SW, Washington,
DC. For security reasons, the OCC
requires that visitors make an
appointment to inspect comments. You
may do so by calling (202) 649–6700 or,
for persons who are deaf or hearing
impaired, TTY, (202) 649–5597. Upon
arrival, visitors will be required to
present valid government-issued photo
identification and submit to security
screening in order to inspect comments.
FOR FURTHER INFORMATION CONTACT:
Shaquita Merritt, OCC Clearance
Officer, (202) 649–5490 or, for persons
who are deaf or hearing impaired, TTY,
(202) 649–5597, Chief Counsel’s Office,
Office of the Comptroller of the
Currency, 400 7th Street SW,
Washington, DC 20219.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501 et seq.), federal
agencies must obtain approval from the
OMB for each collection of information
that they conduct or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) to include agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. Section
3506(c)(2)(A) of title 44 requires Federal
agencies to provide a 60-day notice in
the Federal Register concerning each
proposed collection of information,
including each proposed revision of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, the OCC is publishing this
notice.
Title: Regulation C—Home Mortgage
Disclosure Act.
OMB Control Nos.: 1557–0345.
Type of Review: Regular review.
Description: Regulation C,2 which
implements the Home Mortgage
Disclosure Act 3 (HMDA) enacted in
1975, requires certain depository and
non-depository institutions that make
certain mortgage loans to collect, report,
and disclose data about originations and
purchases of mortgage loans, as well as
loan applications that do not result in
originations. HMDA generates loan data
that can be used to: (1) Help determine
whether financial institutions are
serving the housing needs of their
communities; (2) assist public officials
in distributing public-sector
investments so as to attract private
investment to areas where it is needed;
and (3) assist in identifying possible
discriminatory lending patterns and
enforcing anti-discrimination statutes.
The Dodd-Frank Wall Street Reform
and Consumer Protection Act of 2010 4
(the Dodd-Frank Act) transferred the
authority to administer HMDA,
including rulemaking authority, from
the Board of Governors of the Federal
Reserve System (Board) to the Consumer
Financial Protection Bureau (CFPB), and
transferred supervisory and enforcement
authority for HMDA for depository
institutions over $10 billion in
consolidated assets from the Board,
Federal Deposit Insurance Corporation,
OCC, and National Credit Union
Administration to the CFPB.
On May 13, 2019, the CFPB issued a
proposed rule to amend Regulation C to
adjust the coverage thresholds.5 The
proposal sets out two alternatives to
increasing the closed-end institutional
and transitional coverage threshold—to
either 50 or 100 closed-end mortgage
loans in each of the preceding two
calendar years. In addition, the
temporary threshold of 500 open-end
lines of credit for open-end institutional
and transactional coverage would
extend to January 1, 2022. After the
temporary extension expires, the open2 12
1 Following
the close of this notice’s 60-day
comment period, the OCC will publish a second
notice with a 30-day comment period.
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CFR part 1003.
U.S.C. 2801–2811.
4 Public Law 111–203, July 21, 2010.
5 84 FR 20972.
3 12
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Agencies
[Federal Register Volume 84, Number 200 (Wednesday, October 16, 2019)]
[Notices]
[Pages 55376-55378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22502]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0184]
Hours of Service of Drivers: PTS Worldwide, 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 PTS
Worldwide, Inc. (PTS) (USDOT 1835654) for an exemption from the hours-
of-service (HOS) requirement that drivers utilizing the sleeper-berth
(S/B) exception obtain a period of at least 8 consecutive hours in the
S/B, plus an additional 2 hours either in the S/B, off duty, or any
combination thereof. PTS transports highly sensitive cargo for the
Department of Defense (DOD) and proposes that its team drivers be
permitted to obtain 10 hours in the S/B in two periods, neither less
than 4 hours long. This would allow the driver to split the required 10
hours into segments of \4/6\, \5/5\, or \6/4\ hours. FMCSA requests
public comment on PTS's application for exemption.
DATES: Comments must be received on or before November 15, 2019.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2019-0184 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
[[Page 55377]]
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: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: (202) 366-4325; 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-2019-0184), 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-2019-0184'' 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
(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 and
provide an opportunity for public comment on the request.
The Agency performs a review of 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
Agency will publish its decision 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 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 Agency's HOS rules (49 CFR part 395) generally require
operators of commercial motor vehicles (CMVs) transporting property to
obtain 10 consecutive hours off duty before they can drive again after
they accumulate the maximum 11 hours of driving or reach the end of the
14-hour duty period, whichever comes first (49 CFR 395.3). However,
drivers whose CMV is equipped with a qualifying sleeper berth (S/B) may
accumulate the equivalent of 10 consecutive hours off duty in two
separate periods, one of at least 8 (but less than 10) consecutive
hours in the S/B, and another of at least 2 consecutive hours off duty,
whether in the S/B, off duty, or any combination thereof. It does not
matter which of these two periods comes first. When the driver has
obtained the two qualifying periods, the S/B rule provides the driver
more on-duty and driving time.
PTS transports sensitive Department of Defense (DOD) property,
including ammunition and explosives, in interstate commerce. For
security reasons, this transportation requires a team of two drivers.
PTS seeks by exemption to allow its team drivers to split the
equivalent of 10 hours off duty into two S/B periods, neither less than
4 hours long. This would allow splits of \4/6\, \5/5\, or \6/4\ hours.
This request is limited to team operations and is in no way a request
to apply any such exemption to solo driver operations.
PTS states that its team drivers travel over 1,100 miles per 24
hours, and average 60 hours on duty per week. After 5 weeks on the
road, PTS drivers receive a week off duty at home. PTS asserts that due
to the nature of its business, these drivers would be more alert if
allowed to take shorter rest periods in the S/B. It believes that the
shorter period would allow PTS drivers to obtain nighttime hours in the
S/B and thereby minimize driver fatigue. PTS states that its vehicle
and driver safety record is better than the national average and that
it has one of the best safety, security, and service records of all DOD
arms and ammunition transporters. All power units are equipped, and any
new power units will be equipped, with on-board electronic recorders to
track driving and on-duty time, and all power units are governed to 70
miles per hour.
IV. Method To Ensure an Equivalent or Greater Level of Safety
To ensure an equivalent level of safety, PTS offers to split 10
off-duty hours into two periods, neither less than 4 hours long. This
would allow splits of \4/6\, \5/5\, or \6/4\ hours. In addition, the
PTS request would be limited to team driver operations. PTS' exemption
application references a study concerning the effects on sleep that
found sleeper berth flexibility to be a better choice than consolidated
daytime sleep when consolidated nighttime sleep is not possible. PTS
referenced additional studies that identified sleeper berth flexibility
as a contributor to normalizing sleeping patterns and reducing fatigue.
PTS requests the exemption be granted for the maximum allowable period
(5 years). A copy of PTS's application for exemption is available for
review in the docket for this notice.
[[Page 55378]]
Issued on: October 9, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-22502 Filed 10-15-19; 8:45 am]
BILLING CODE 4910-EX-P