Hours of Service of Drivers: HEPACO, LLC; Heritage Environmental Services, LLC; Lewis Environmental, Inc.; and Moran Environmental Recovery, LLC; Application for Exemption, 61133-61134 [2019-24526]
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Federal Register / Vol. 84, No. 218 / Tuesday, November 12, 2019 / Notices
On
September 7, 2011, FHWA published a
‘‘Notice of Final Federal Agency Actions
on Proposed Highway in Washington’’
in the Federal Register at 76 FR 55459
for the SR 520, I–5 to Medina: Bridge
Replacement and HOV Project. Notice is
hereby given that, subsequent to the
earlier FHWA notice, FHWA has taken
final agency actions within the meaning
of 23 U.S.C. 139(l)(1) by issuing a NEPA
re-evaluation for the SR 520 SR 520, I–
5 to Medina: Bridge Replacement and
HOV Project: I–5 Design Refinements
(hereafter ‘‘re-evaluation’’). The
action(s) by FHWA and the laws under
which such actions were taken, are
described in the re-evaluation and the
associated agency records. That
information is available by contacting
FHWA at the addresses provided above.
The project proposed to improve
safety and mobility for people and
goods across Lake Washington by
replacing the SR 520 Portage Bay and
Evergreen Point bridges and improve
existing roadway between Interstate 5
(I–5) in Seattle and Evergreen Point
Road in Medina spanning 5.2 miles. The
Final Environmental Impact Statement
(EIS) for the project was published in
January 2011 and the Record of Decision
(ROD) was issued in August 2011.
Since issuance of the FHWA ROD, the
design and construction approach has
been refined such that a reversible
north-south transit and high occupancy
vehicle lane connecting Mercer Street
and SR 520 along the I–5 express lanes
would be constructed; and additional
design changes would be implemented,
including stormwater treatment
improvement, revisions to the heights of
proposed retaining walls, and
replacement of fiber optic cable within
the I–5 right-of-way. The re-evaluation
considering these refinements was
prepared in October 2019. It identifies
and documents potential effects
associated with the refinement. This
notice only applies to the re-evaluation.
Information about the re-evaluation
and associated records are available
from FHWA and WSDOT at the
addresses provided above and can be
found at: https://www.wsdot.wa.gov/
Projects/SR520Bridge/Library/
I5Medina.htm. This notice applies to all
Federal agency decisions related to the
re-evaluation as of the issuance date of
this notice and all laws under which
such actions were taken, including but
not limited to:
1. General: National Environmental
Policy Act (NEPA) [42 U.S.C. 4321–
4347]; Federal-Aid Highway Act [23
U.S.C. 109].
2. Air: Clean Air Act, as amended [42
U.S.C. 7401–7671(q)].
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:47 Nov 08, 2019
Jkt 250001
3. Land: Section 6(f) of the Land and
Water Conservation Fund Act of 1965
[16 U.S.C. 4601]; Section 4(f) of the
Department of Transportation Act of
1966 [49 U.S.C. 303].
4. Wildlife: Anadromous Fish
Conservation Act [16 U.S.C. 757(a–
757(g)); Fish and Wildlife Coordination
Act [16 U.S.C. 661–667(d)]; MagnusonStevens Fishery Conservation and
Management Act of 1976, as amended
[16 U.S.C. 1801 et seq.].
5. Historic and Cultural Resources:
Section 106 of the National Historic
Preservation Act of 1966, as amended
[16 U.S.C. 470(f) et seq.]; Archaeological
and Historic Preservation Act [16 U.S.C.
469–469(c)]; Native American Grave
Protection and Repatriation Act (25
U.S.C. 3001–3013).
6. Wetlands and Water Resources:
Clean Water Act, (Section 319 [33 U.S.C.
329]); Safe Drinking Water Act [42
U.S.C. 300(f)–300(j)(6)].
7. Navigation: Rivers and Harbors Act
of 1899 [33 U.S.C. 403]; General Bridge
Act of 1946 [33 U.S.C. 9 and 11].
8. Executive Orders: E.O. 11990
Protection of Wetlands; E.O. 11988
Floodplain Management; E.O. 12898
Federal Actions to Address
Environmental Justice in Minority
Populations and Low Income
Populations; E.O. 11593 Protection and
Enhancement of Cultural Resources;
E.O. 13007 Indian Sacred Sites; E.O.
13287 Preserve America; E.O. 13175
Consultation and Coordination with
Indian Tribal Governments; E.O. 11514
Protection and Enhancement of
Environmental Quality; E.O. 13112
Invasive Species.
Authority: 23 U.S.C. 139(l)(1), as amended
by Moving Ahead for Progress in the 21st
Century Act, (Pub. L. 112–141, 126 Stat. 405).
Issued on: November 4, 2019.
Daniel M. Mathis,
FHWA Division Administrator, Olympia, WA.
[FR Doc. 2019–24571 Filed 11–8–19; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0246]
Hours of Service of Drivers: HEPACO,
LLC; Heritage Environmental Services,
LLC; Lewis Environmental, Inc.; and
Moran Environmental Recovery, LLC;
Application for Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
PO 00000
Frm 00129
Fmt 4703
Sfmt 4703
61133
FMCSA announces its
decision to deny the joint application
from HEPACO, LLC; Heritage
Environmental Services, LLC; Lewis
Environmental, Inc.; and Moran
Environmental Recovery, LLC, for
exemption from the hours-of-service
(HOS) regulations for drivers engaged in
providing direct assistance in actual and
potential environmental emergencies.
FMCSA analyzed the exemption
application and the public comments
received in response to the Agency’s
August 9, 2018, notice announcing
receipt of the request. The Agency has
concluded there is no basis for
determining that the terms and
conditions of an exemption would
achieve a level of safety that is
equivalent to, or greater than, the level
that would be achieved absent such
exemption.
DATES: This decision is effective
November 12, 2019.
FOR FURTHER INFORMATION 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:
SUMMARY:
I. Public Participation
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
www.regulations.gov and insert the
docket number, FMCSA–2018–0246 in
the ‘‘Keyword’’ box and click ‘‘Search.’’
Next, click the ‘‘Open Docket Folder’’
button and choose the document to
review. If you do not have access to the
internet, you may view the docket
online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
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
provide an opportunity for public
comment on the request.
E:\FR\FM\12NON1.SGM
12NON1
61134
Federal Register / Vol. 84, No. 218 / Tuesday, November 12, 2019 / Notices
The Agency reviews the 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
specify the effective period (up to 5
years) and explain its terms and
conditions. The exemption may be
renewed (49 CFR 381.300(b)).
III. Request for Exemption
The following companies applied for
this exemption: HEPACO, LLC; Heritage
Environmental Services, LLC; Lewis
Environmental, Inc. and Moran
Environmental Recovery, LLC. They all
are members of the Spill Control
Association of America (SCAA), which
filed the exemption application on their
behalf. Together, the four companies
have 758 commercial driver’s license
holders and 840 commercial motor
vehicles (CMVs). In responding to
emergency incidents, these companies
work alongside a mix of both private
industry and public agencies. Often,
their work often has a direct impact on
protecting both public safety and the
environment. They are required
contractually to provide direct
assistance to responsible parties who are
experiencing actual or potential
environmental emergencies, defined as
a sudden threat to the public health or
the well-being of the environment,
arising from the release of oil,
radioactive materials, or hazardous
chemicals into the air, land or water.
Their employees are hybrid driver/
operator/technicians, whose work
challenges the limits on total on-duty
time, especially after hours. In addition,
the applicant references the current
driver shortage and argues that
obtaining drivers with the necessary
additional skills and experience is
problematic.
The applicants requested relief from
49 CFR 395.3(a)(2), commonly known as
the ‘‘14-hour rule.’’ The applicants state
that the HOS limitations have always
been an issue for emergency response
companies. They request this exemption
to allow these four companies to
respond to a release or threat of a release
of oil and other hazardous materials,
subject to the following conditions for
each driver:
VerDate Sep<11>2014
17:47 Nov 08, 2019
Jkt 250001
• The on-duty period may not exceed
4.5 additional hours for a total of 18.5
hours of non-consecutive on-duty time
before the required reset;
• Driving time for drivers who exceed
the 14-hour period may not exceed 8
hours;
• Driving is not permitted after 70
hours on duty in 8 days;
• Drivers must take 10 hours off duty
following the duty day; and
• All drivers must comply with the
electronic logging device rule.
According to the applicants, the
initial response hours are the most
critical in an environmental emergency
and the ability to quickly respond is
vital. These companies’ drivers typically
drive 1–2 hours each way to and from
the incident. In no case, would these
companies’ drivers exceed 8 hours of
drive time per incident. SCAA states
that if the exemption is not granted,
there could be a disruption of national/
regional commerce, including delays in
power restoration and protection of
interstate commerce and infrastructure.
The applicants believe that the
proposed relief, and the parameters in
which their drivers operate, would
continue to provide the highest level of
safety and compliance, while prudently
responding to incidents that threaten
public safety and the environment. A
copy of the application for exemption is
available for review in the docket for
this notice.
IV. Public Comments
On August 9, 2018, FMCSA published
notice of this application and requested
public comment (83 FR 39498). The
Agency received six comments—two
from spill response contractors and four
from individuals. Three individuals and
both spill response contractors support
the proposed exemption.
One commenter opposed the
application, stating ‘‘[p]lease do not
allow this exemption. This is a
wonderful opportunity to hire more
employees, should they need to work
more than 14 hours in a day. This has
been in effect for many years, and for
safety no driver should be allowed to
work more than 14 hours.’’
V. FMCSA Decision
FMCSA has evaluated SCAA’s
application and the public comments
submitted and hereby denies the
exemption. When the Agency
established the rules mandating HOS, it
relied upon research indicating that the
rules improve CMV safety. These
regulations put limits in place for when
and how long an individual may drive
to ensure that drivers stay awake and
PO 00000
Frm 00130
Fmt 4703
Sfmt 4703
alert while driving and to reduce the
possibility of driver fatigue.
Based on the body of research
underlying the HOS requirements, there
is no basis for granting an exemption
that would allow an individual to drive
after the 18th hour of coming on duty.
Although SCAA explained that drivers
would not exceed 8 hours of driving
time during a work shift, the Agency
does not believe there is a basis for
concluding that the 8-hour limit on
driving time offsets the potential
increase in safety risks associated with
an 18.5 hour driving window.
Except for the limit on driving time,
the applicants would comply with all
the other applicable HOS requirements,
including using electronic logging
devices and requiring drivers to take 10
consecutive hours off-duty at the end of
the work shift. The applicants are
essentially requesting that the 14-hour
rule be extended by 4.5 hours in
exchange for a 3-hour reduction in the
driving time limit. The Agency does not
find this safety tradeoff to be persuasive.
The SCAA application does not
analyze the safety impacts the
exemption may cause nor does it
provide countermeasures to ensure that
the exemption would likely achieve a
level of safety equivalent to, or greater
than, the level that would be achieved
by the current regulations. Furthermore,
the applicant did not clearly define the
conditions that would trigger the
exemption.
Issued on: November 5, 2019.
Jim Mullen,
Deputy Administrator.
[FR Doc. 2019–24526 Filed 11–8–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2019–0066]
Petition for Waiver of Compliance and
Notice of Public Hearing
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that by a letter dated April 23, 2019, the
National Railroad Passenger Corporation
(Amtrak) petitioned the Federal
Railroad Administration (FRA) for an
exemption from certain requirements of
chapter 203, title 49 of the United States
Code (U.S.C.). FRA assigned the petition
Docket Number FRA–2019–0066.
Amtrak’s request for relief relates to
its planned operation of new high-speed
trainsets built to Tier III passenger
equipment safety standards (49 CFR part
E:\FR\FM\12NON1.SGM
12NON1
]]>Agencies
[Federal Register Volume 84, Number 218 (Tuesday, November 12, 2019)]
[Notices]
[Pages 61133-61134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24526]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0246]
Hours of Service of Drivers: HEPACO, LLC; Heritage Environmental
Services, LLC; Lewis Environmental, Inc.; and Moran Environmental
Recovery, LLC; Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to deny the joint application
from HEPACO, LLC; Heritage Environmental Services, LLC; Lewis
Environmental, Inc.; and Moran Environmental Recovery, LLC, for
exemption from the hours-of-service (HOS) regulations for drivers
engaged in providing direct assistance in actual and potential
environmental emergencies. FMCSA analyzed the exemption application and
the public comments received in response to the Agency's August 9,
2018, notice announcing receipt of the request. The Agency has
concluded there is no basis for determining that the terms and
conditions of an exemption would achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.
DATES: This decision is effective November 12, 2019.
FOR FURTHER INFORMATION 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
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, FMCSA-2018-0246 in the ``Keyword'' box and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document to review. If you do not have access to the internet, you
may view the docket online by visiting the Docket Management Facility
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal holidays.
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 provide an opportunity for public comment on the
request.
[[Page 61134]]
The Agency reviews the 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 specify the effective period (up
to 5 years) and explain its terms and conditions. The exemption may be
renewed (49 CFR 381.300(b)).
III. Request for Exemption
The following companies applied for this exemption: HEPACO, LLC;
Heritage Environmental Services, LLC; Lewis Environmental, Inc. and
Moran Environmental Recovery, LLC. They all are members of the Spill
Control Association of America (SCAA), which filed the exemption
application on their behalf. Together, the four companies have 758
commercial driver's license holders and 840 commercial motor vehicles
(CMVs). In responding to emergency incidents, these companies work
alongside a mix of both private industry and public agencies. Often,
their work often has a direct impact on protecting both public safety
and the environment. They are required contractually to provide direct
assistance to responsible parties who are experiencing actual or
potential environmental emergencies, defined as a sudden threat to the
public health or the well-being of the environment, arising from the
release of oil, radioactive materials, or hazardous chemicals into the
air, land or water. Their employees are hybrid driver/operator/
technicians, whose work challenges the limits on total on-duty time,
especially after hours. In addition, the applicant references the
current driver shortage and argues that obtaining drivers with the
necessary additional skills and experience is problematic.
The applicants requested relief from 49 CFR 395.3(a)(2), commonly
known as the ``14-hour rule.'' The applicants state that the HOS
limitations have always been an issue for emergency response companies.
They request this exemption to allow these four companies to respond to
a release or threat of a release of oil and other hazardous materials,
subject to the following conditions for each driver:
The on-duty period may not exceed 4.5 additional hours for
a total of 18.5 hours of non-consecutive on-duty time before the
required reset;
Driving time for drivers who exceed the 14-hour period may
not exceed 8 hours;
Driving is not permitted after 70 hours on duty in 8 days;
Drivers must take 10 hours off duty following the duty
day; and
All drivers must comply with the electronic logging device
rule.
According to the applicants, the initial response hours are the
most critical in an environmental emergency and the ability to quickly
respond is vital. These companies' drivers typically drive 1-2 hours
each way to and from the incident. In no case, would these companies'
drivers exceed 8 hours of drive time per incident. SCAA states that if
the exemption is not granted, there could be a disruption of national/
regional commerce, including delays in power restoration and protection
of interstate commerce and infrastructure.
The applicants believe that the proposed relief, and the parameters
in which their drivers operate, would continue to provide the highest
level of safety and compliance, while prudently responding to incidents
that threaten public safety and the environment. A copy of the
application for exemption is available for review in the docket for
this notice.
IV. Public Comments
On August 9, 2018, FMCSA published notice of this application and
requested public comment (83 FR 39498). The Agency received six
comments--two from spill response contractors and four from
individuals. Three individuals and both spill response contractors
support the proposed exemption.
One commenter opposed the application, stating ``[p]lease do not
allow this exemption. This is a wonderful opportunity to hire more
employees, should they need to work more than 14 hours in a day. This
has been in effect for many years, and for safety no driver should be
allowed to work more than 14 hours.''
V. FMCSA Decision
FMCSA has evaluated SCAA's application and the public comments
submitted and hereby denies the exemption. When the Agency established
the rules mandating HOS, it relied upon research indicating that the
rules improve CMV safety. These regulations put limits in place for
when and how long an individual may drive to ensure that drivers stay
awake and alert while driving and to reduce the possibility of driver
fatigue.
Based on the body of research underlying the HOS requirements,
there is no basis for granting an exemption that would allow an
individual to drive after the 18th hour of coming on duty. Although
SCAA explained that drivers would not exceed 8 hours of driving time
during a work shift, the Agency does not believe there is a basis for
concluding that the 8-hour limit on driving time offsets the potential
increase in safety risks associated with an 18.5 hour driving window.
Except for the limit on driving time, the applicants would comply
with all the other applicable HOS requirements, including using
electronic logging devices and requiring drivers to take 10 consecutive
hours off-duty at the end of the work shift. The applicants are
essentially requesting that the 14-hour rule be extended by 4.5 hours
in exchange for a 3-hour reduction in the driving time limit. The
Agency does not find this safety tradeoff to be persuasive.
The SCAA application does not analyze the safety impacts the
exemption may cause nor does it provide countermeasures to ensure that
the exemption would likely achieve a level of safety equivalent to, or
greater than, the level that would be achieved by the current
regulations. Furthermore, the applicant did not clearly define the
conditions that would trigger the exemption.
Issued on: November 5, 2019.
Jim Mullen,
Deputy Administrator.
[FR Doc. 2019-24526 Filed 11-8-19; 8:45 am]
BILLING CODE 4910-EX-P
