Hours of Service of Drivers: Kentucky Equipment Distributors (KED); Application for Exemption, 56886-56887 [2019-23085]
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56886
Federal Register / Vol. 84, No. 205 / Wednesday, October 23, 2019 / Notices
SUPPLEMENTARY INFORMATION:
routine uses to permit the disclosures
necessary to conduct this match.
None.
Matthew Ramsey,
Executive Director, Office of Privacy and
Disclosure, Office of the General Counsel.
[FR Doc. 2019–23132 Filed 10–22–19; 8:45 am]
BILLING CODE P
Participating Agencies:
DEPARTMENT OF TRANSPORTATION
SSA and DOL.
Authority for Conducting the Matching
Program:
Federal Motor Carrier Safety
Administration
The legal authority for this matching
program is section 1631(f) of the Social
Security Act (Act), 42 U.S.C. 1383(f).
This legal authority requires any Federal
agency to provide SSA with information
in its possession that SSA may require
for making a determination of eligibility
for, or the proper amount, of SSI
payments.
[Docket No. FMCSA–2019–0192]
Purpose(s):
SUMMARY:
This matching program establishes
the terms, conditions, and safeguards
under which DOL will disclose the
DOL-administered Part B BL benefit
data to SSA. SSA will match DOL’s Part
B BL data with SSA’s records of persons
receiving SSI to verify that Part B BL
beneficiaries are receiving the correct
amount of SSI payments.
Categories of Individuals:
The individuals whose information is
involved in this matching program are
those individuals who are receiving Part
B BL benefits and SSI benefits.
Categories of Records:
DOL’s monthly extract file will
contain each Part B BL beneficiary’s
Social Security number (SSN), name,
date of birth, date of entitlement,
payment status, current benefit amount,
and effective date of the current benefit
amount. SSA will determine which of
the recipients are receiving SSI
payments and match the DOL data
against the SSN, type of action code,
and income type for those recipients in
SSA’s Supplemental Security Income
Record and Special Veterans Benefits
(SSR/SVB) system of records.
System(s) of Records:
SSA will match the SSR/SVB (60–
0103) system of records, last fully
published on January 11, 2006 (71 FR
1830), as amended on December 10,
2007 (72 FR 69723), July 3, 2018 (83 FR
31250–31251), and November 1, 2018
(83 FR 54969), which contains all data
pertinent to payments made to Title XVI
recipients, with an extract from DOL’s
Office of Workers’ Compensation
Programs, BL Benefit Payments file
(OWCP–9), published on April 29, 2016
(81 FR 25765). DOL has the appropriate
VerDate Sep<11>2014
18:10 Oct 22, 2019
Jkt 250001
Hours of Service of Drivers: Kentucky
Equipment Distributors (KED);
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 Kentucky
Equipment Distributors (KED)
requesting an exemption from the
requirement that drivers of commercial
motor vehicles (CMVs) qualifying for
the ‘‘short-haul—100 air-mile radius
driver’’ exception must return to the
original work reporting location within
12 hours of coming on duty. KED asks
that its short-haul CMV drivers be
permitted to return within 14 hours
instead of 12 without losing their shorthaul status. FMCSA requests public
comment on KED’s application for
exemption.
DATES: Comments must be received on
or before November 22, 2019.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Number
FMCSA–2019–0192 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. 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
PO 00000
Frm 00132
Fmt 4703
Sfmt 4703
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
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.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2019–0192), 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
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–2019–0192’’ 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
E:\FR\FM\23OCN1.SGM
23OCN1
Federal Register / Vol. 84, No. 205 / Wednesday, October 23, 2019 / Notices
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
Drivers qualifying for the hours-ofservice (HOS) short-haul exception in
49 CFR 395.1(e)(1) do not have to
maintain a record of duty status (RODS)
on board the vehicle. However, such
drivers must return to their normal work
reporting location and be released from
work within 12 hours after coming on
duty. A driver who exceeds the 12-hour
limit loses the short-haul exception and
must immediately prepare RODS for the
entire day, often by means of an
electronic logging device (ELD)(49 CFR
395.8(a)(1)(i)). KED is requesting that its
short-haul CMV drivers be permitted to
return within 14 hours instead of 12
without losing their short-haul status.
Kentucky Equipment Distributors
(KED) is comprised of several large
machinery distributors operating in
several states whose fleet focuses on
agriculture, construction, mining, as
well as road paving. KED includes seven
companies and approximately 3,500
employees. The requested exemption
VerDate Sep<11>2014
18:10 Oct 22, 2019
Jkt 250001
would apply to short-haul drivers
engaged in the transportation and repair
of equipment and machinery. KED
drivers generally meet the requirements
of the short-haul operations exception,
though they may occasionally take more
than 12 hours to return and be released
from their work reporting location. The
requested increase to 14 hours will
ensure KED drivers meet the
requirements of the short-haul
operations exception.
KED companies currently own and
operate 431 vehicles that fall under the
HOS regulations in 49 CFR part 395.
Most of the vehicles are field service
and parts delivery trucks. Duties
associated with these vehicles enable
the company to bring their shop/tools to
the piece of equipment needing
servicing versus having to transport the
equipment back to the shop. KED’s
drivers perform duties such as but not
limited to: onsite repairs, hauling parts
and components, as well as routine
maintenance. The vehicles are primarily
utilized for haulage of equipment and
tooling as relates to their primary use
versus utilization for long-haul trucking.
Operators and owners within KED
operate a series of large delivery
vehicles and are not classified as longhaul drivers. All KED drivers perform a
great deal of work outside of the vehicle,
unlike drivers whose extended time
behind the wheel makes them
susceptible to fatigue. KED requests that
these vehicles, which are like readymixed concrete and oilfield operational
trucks, be designated for the exemption.
KED drivers, like that of the readymixed concrete industry, spend most
their shift hours performing non-driving
job duties, which lessens driver fatigue.
KED estimates that only 20% of its
drivers’ daily duties involves driving,
typically to and from the worksite.
According to KED, the application is
consistent with the current 14-hour
limit for drivers of ready-mixed concrete
vehicles. KED also pointed out that
FMCSA had granted similar short-haul
exemptions to Waste Management (WM)
and the National Asphalt Pavement
Association (NAPA). According to KED,
WM drivers spend 30–50% of their time
in ‘‘collection mode’’ and NAPA drivers
drive 20% of the time. KED estimates
that its drivers travel between 50–80
miles during each shift; driving time is
therefore less than 20% of the
individual’s total duties.
KED’s application for exemption is
available for review in the docket for
this notice.
PO 00000
Frm 00133
Fmt 4703
Sfmt 4703
56887
IV. Method To Ensure an Equivalent or
Greater Level of Safety
To ensure an equivalent level of
safety, KED offers supplementary driver
management training which includes
identifying and managing sleep
deprivation, reducing eye strain, as well
as driver fatigue prevention. According
to KED, this training helps drivers to
understand as well as identify triggers
associated with fatigue, and provides
help to minimize fatigue. KED notes that
Waste Management and asphalt paving
workers have similar daily schedules,
where driving is only a small part of
their workload.
A copy of KED’s application for
exemption is available for review in the
docket for this notice.
Issued on: October 11, 2019.
Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2019–23085 Filed 10–22–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0180]
Hours of Service of Drivers:
Application for Exemption From the
14-Hour Rule During Independence
Day Celebrations for Illumination
Fireworks Partners, LP and ACE Pyro,
LLC
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
Illumination Fireworks Partners, LP and
ACE Pyro, LLC (Applicants) for an
exemption from the requirements that
drivers of commercial motor vehicles
(CMVs) must not drive following the
14th hour after coming on duty. The
exemption would apply solely to the
drivers of 60 CMVs employed by the
applicant in conjunction with staging
fireworks shows in celebration of
Independence Day during the period of
June 26–July 8, for the next five years
(2019–2024) inclusive. During this
period, the CMV drivers employed by
the applicant would be allowed to
exclude off-duty and sleeper-berth time
of any length from the calculation of the
14 hours. These drivers would not be
allowed to drive after accumulating a
total of 14 hours of on-duty time,
following 10 consecutive hours off duty,
and would continue to be subject to the
SUMMARY:
E:\FR\FM\23OCN1.SGM
23OCN1
Agencies
[Federal Register Volume 84, Number 205 (Wednesday, October 23, 2019)]
[Notices]
[Pages 56886-56887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23085]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0192]
Hours of Service of Drivers: Kentucky Equipment Distributors
(KED); 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
Kentucky Equipment Distributors (KED) requesting an exemption from the
requirement that drivers of commercial motor vehicles (CMVs) qualifying
for the ``short-haul--100 air-mile radius driver'' exception must
return to the original work reporting location within 12 hours of
coming on duty. KED asks that its short-haul CMV drivers be permitted
to return within 14 hours instead of 12 without losing their short-haul
status. FMCSA requests public comment on KED's application for
exemption.
DATES: Comments must be received on or before November 22, 2019.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2019-0192 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. 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 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-2019-0192), 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 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-2019-0192'' 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
[[Page 56887]]
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
Drivers qualifying for the hours-of-service (HOS) short-haul
exception in 49 CFR 395.1(e)(1) do not have to maintain a record of
duty status (RODS) on board the vehicle. However, such drivers must
return to their normal work reporting location and be released from
work within 12 hours after coming on duty. A driver who exceeds the 12-
hour limit loses the short-haul exception and must immediately prepare
RODS for the entire day, often by means of an electronic logging device
(ELD)(49 CFR 395.8(a)(1)(i)). KED is requesting that its short-haul CMV
drivers be permitted to return within 14 hours instead of 12 without
losing their short-haul status.
Kentucky Equipment Distributors (KED) is comprised of several large
machinery distributors operating in several states whose fleet focuses
on agriculture, construction, mining, as well as road paving. KED
includes seven companies and approximately 3,500 employees. The
requested exemption would apply to short-haul drivers engaged in the
transportation and repair of equipment and machinery. KED drivers
generally meet the requirements of the short-haul operations exception,
though they may occasionally take more than 12 hours to return and be
released from their work reporting location. The requested increase to
14 hours will ensure KED drivers meet the requirements of the short-
haul operations exception.
KED companies currently own and operate 431 vehicles that fall
under the HOS regulations in 49 CFR part 395. Most of the vehicles are
field service and parts delivery trucks. Duties associated with these
vehicles enable the company to bring their shop/tools to the piece of
equipment needing servicing versus having to transport the equipment
back to the shop. KED's drivers perform duties such as but not limited
to: onsite repairs, hauling parts and components, as well as routine
maintenance. The vehicles are primarily utilized for haulage of
equipment and tooling as relates to their primary use versus
utilization for long-haul trucking.
Operators and owners within KED operate a series of large delivery
vehicles and are not classified as long-haul drivers. All KED drivers
perform a great deal of work outside of the vehicle, unlike drivers
whose extended time behind the wheel makes them susceptible to fatigue.
KED requests that these vehicles, which are like ready-mixed concrete
and oilfield operational trucks, be designated for the exemption. KED
drivers, like that of the ready-mixed concrete industry, spend most
their shift hours performing non-driving job duties, which lessens
driver fatigue. KED estimates that only 20% of its drivers' daily
duties involves driving, typically to and from the worksite.
According to KED, the application is consistent with the current
14-hour limit for drivers of ready-mixed concrete vehicles. KED also
pointed out that FMCSA had granted similar short-haul exemptions to
Waste Management (WM) and the National Asphalt Pavement Association
(NAPA). According to KED, WM drivers spend 30-50% of their time in
``collection mode'' and NAPA drivers drive 20% of the time. KED
estimates that its drivers travel between 50-80 miles during each
shift; driving time is therefore less than 20% of the individual's
total duties.
KED's application for exemption is available for review in the
docket for this notice.
IV. Method To Ensure an Equivalent or Greater Level of Safety
To ensure an equivalent level of safety, KED offers supplementary
driver management training which includes identifying and managing
sleep deprivation, reducing eye strain, as well as driver fatigue
prevention. According to KED, this training helps drivers to understand
as well as identify triggers associated with fatigue, and provides help
to minimize fatigue. KED notes that Waste Management and asphalt paving
workers have similar daily schedules, where driving is only a small
part of their workload.
A copy of KED's application for exemption is available for review
in the docket for this notice.
Issued on: October 11, 2019.
Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2019-23085 Filed 10-22-19; 8:45 am]
BILLING CODE 4910-EX-P