Hours of Service of Drivers: Wolfe House Movers, LLC and Wolfe House Movers of Indiana, LLC; Application for Exemption, 64396-64397 [2019-25330]
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64396
Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Notices
increase in safety risks associated with
an 18.5 hour driving window.
The applicant is 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
equivalency claim to be persuasive.
The North Shore application does not
analyze the safety impacts the requested
exemption from the HOS regulations
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 provide clear
parameters that would have to be met to
trigger the exemption.
For these reasons, FMCSA denied the
request for exemption.
Issued on: November 14, 2019.
Jim Mullen,
Deputy Administrator.
[FR Doc. 2019–25340 Filed 11–20–19; 8:45 am]
BILLING CODE 4910–EX–P
Standards; Telephone: 202–366–9220.
Email: HOURSOFSERVICE@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
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–2018–0235 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 in
person 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
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0235]
Hours of Service of Drivers: Wolfe
House Movers, LLC and Wolfe House
Movers of Indiana, LLC; Application for
Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition;
denial of application for exemption.
AGENCY:
FMCSA announces its
decision to deny Wolfe House Movers,
LLC and Wolfe House Movers of
Indiana, LLC (Wolfe) an exemption from
the hours-of-service (HOS) 60-hour/7day rule for its drivers engaged in
transporting steel beams and dollies to
and from various job sites for lifting and
moving buildings. FMCSA has analyzed
the exemption application and public
comments, and has determined that the
applicant would not achieve a level of
safety that is equivalent to, or greater
than, the level that would be achieved
absent such exemption. FMCSA
therefore denies Wolfe’s application for
an exemption.
DATES: This decision is effective
November 21, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
La Tonya Mimms, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
SUMMARY:
VerDate Sep<11>2014
16:41 Nov 20, 2019
Jkt 250001
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
Wolfe House Movers, LLC (USDOT
1276267), and Wolfe House Movers of
Indiana, LLC (USDOT 1679025) (Wolfe)
seek an exemption from the HOS
PO 00000
Frm 00136
Fmt 4703
Sfmt 4703
requirement of 49 CFR 395.3(b)(1)
which prohibits a motor carrier from
permitting or requiring a driver to drive
a property-carrying CMV after the driver
has been on duty 60 hours within a
period of 7 consecutive days if the
employing motor carrier does not
operate CMVs every day of the week.
Wolfe does not operate CMVs every day
of the week and is therefore prohibited
from using the 70-hour/8-day rule in 49
CFR 395.3(b)(2) for its business
operations.
According to Wolfe, its primary line
of business is lifting and moving
buildings. Drivers employed by Wolfe
transport steel beams and dollies to and
from various jobsites where work is
performed. Wolfe advised that its
owners believe that Sunday is a day of
rest and worship and refuse any
business opportunities that would
require Sunday work.
Because Wolfe does not conduct
business on Sunday, its commercial
business operations are subject to the
60-hours-in-7-day rule set forth in 49
CFR 395.3(b)(1). Due to the geographical
spread of its operations, Wolfe asserted
that the 60-hour limitation is a
substantial burden. Wolfe explained in
its application that the company
attempts to schedule work so that all
crews can be at their home terminal
before the 60th on-duty hour of the
week. However, weather, traffic, or
jobsite conditions sometimes delay
completion of projects causing crews to
be stranded one or two hours’ drive
from the home terminal. When delays
occur relief drivers are sent in noncommercial vehicles to pick up stranded
drivers so that the drivers who have run
out of hours can drive back to the home
terminal using the non-commercial
vehicles while the relief drivers return
the CMVs to the terminal.
Wolfe reports that it is a small
company and it is difficult to have relief
drivers available on short notice; this is
unproductive and costly for the
company. Wolfe asserted that the stress
and pressure associated with
approaching the 60-hour cut-off is likely
to have a detrimental effect on the safety
performance of even well-trained and
well-qualified drivers.
According to Wolfe, allowing it to use
the 70-hour on-duty limit for all drivers
not operating CMVs on Sundays would
provide the following significant safety
benefits:
• The need for relief drivers would be
significantly reduced or eliminated.
This would result in fewer on-road
miles driven (by eliminating the need
for a relief driver to drive up to 100
miles out to pick up the CMV and for
the regular driver to drive the non-CMV
E:\FR\FM\21NON1.SGM
21NON1
Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Notices
back the same 100 miles). This would
also mean that the CMV would continue
to be driven by the driver most familiar
with it, rather than a part-time driver.
• Drivers would be less stressed,
knowing that they have sufficient time
to complete their weekly schedule even
if they are delayed by heavy traffic,
weather conditions, etc.
A copy of Wolfe’s application for
exemption is available for review in the
docket for this notice.
V. Public Comments
On October 18, 2018, FMCSA
published notice of this application and
requested public comment (83 FR
52872). The Agency received two
comments.
Mr. Michael Millard wrote, ‘‘If the
FMCSA considers approving the request
there should be additional requirements
to address training on driver fatigue so
drivers and supervisors can recognize
the symptoms and not allow drivers to
violate Part 392.3 regarding ill or
fatigued drivers. If the petition is
approved the carrier should only be
allowed to use the 34-hour restart once
every six days.’’
Mr. Stanley Roberts stated that ‘‘If
they get a waiver then there would have
to be waivers for several industries and
businesses. I contend that the majority
of their work would be considered
regional at best and that their drivers are
close enough to make it home on 60-hr/
7-day rules.’’
VI. FMCSA Decision
FMCSA has evaluated Wolfe’s
application and the public comments
and decided to deny Wolfe’s exemption
request to operate up to 70 hours in a
6-day period; the company does not
operate CMVs on Sundays. Wolfe did
not demonstrate how operating up to 70
hours within 6 consecutive days of
operations (compared to the limit of 60
hours within 6 consecutive days of
operations) would maintain a level of
safety equivalent to, or greater than, the
level of safety that would be achieved
without the exemption [49 CFR
381.305(a)]. The company did not
provide any countermeasures (e.g.,
additional off-duty time, etc.) to address
the approximately 17 percent increase
in the maximum amount of on-duty
time that may be accumulated before
driving is prohibited.
Issued on: November 15, 2019.
Jim Mullen,
Deputy Administrator.
[FR Doc. 2019–25330 Filed 11–20–19; 8:45 am]
BILLING CODE 4910–EX–P
VerDate Sep<11>2014
16:41 Nov 20, 2019
Jkt 250001
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 final disposition;
denial of application for exemption.
AGENCY:
FMCSA announces its
decision to deny PJ Helicopters, Inc.’s
(PJH) request for an exemption from the
Federal hours-of-service (HOS) rules for
its ground support equipment operators.
The requested exemption would have
allowed PJH’s ground support
equipment operators a 16-hour window
within which to complete all driving,
and enable these operators to use an 8consecutive hour off-duty break,
combined with at least two other offduty hours during the 16-hour window
within which driving would be
completed, in lieu of taking 10
consecutive hours off duty. FMCSA
analyzed the exemption application and
public comments and determined that
the applicant would not achieve a level
of safety that is equivalent to, or greater
than, the level that would be achieved
absent such exemption.
FOR FURTHER INFORMATION CONTACT: Mr.
Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; 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–2019–0079, 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.
PO 00000
Frm 00137
Fmt 4703
Sfmt 4703
64397
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.
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 Agency must 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
PJH’s exemption application states
that the company has been serving the
utility helicopter industry as an
emergency response company for more
than 45 years. Most of its customers are
firefighting 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 its ground
support crews. PJH requested an
exemption from 49 CFR 395.3(a)(1) and
(2) for its ground support equipment
operators.
The requested exemption would
apply to approximately 32 ground
support equipment operators, each of
whom possesses a commercial driver’s
license with applicable endorsements,
including the tank vehicle endorsement.
PJH states that it is an emergency
response company contracted to
agencies focused on public safety and
that there currently are no exemption
provisions in the 49 CFR part 395 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
E:\FR\FM\21NON1.SGM
21NON1
]]>Agencies
[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Notices]
[Pages 64396-64397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25330]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0235]
Hours of Service of Drivers: Wolfe House Movers, LLC and Wolfe
House Movers of Indiana, LLC; Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; denial of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to deny Wolfe House Movers, LLC
and Wolfe House Movers of Indiana, LLC (Wolfe) an exemption from the
hours-of-service (HOS) 60-hour/7-day rule for its drivers engaged in
transporting steel beams and dollies to and from various job sites for
lifting and moving buildings. FMCSA has analyzed the exemption
application and public comments, and has determined that the applicant
would not achieve a level of safety that is equivalent to, or greater
than, the level that would be achieved absent such exemption. FMCSA
therefore denies Wolfe's application for an exemption.
DATES: This decision is effective November 21, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. La Tonya Mimms, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-9220. 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-2018-0235 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 in person 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 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
Wolfe House Movers, LLC (USDOT 1276267), and Wolfe House Movers of
Indiana, LLC (USDOT 1679025) (Wolfe) seek an exemption from the HOS
requirement of 49 CFR 395.3(b)(1) which prohibits a motor carrier from
permitting or requiring a driver to drive a property-carrying CMV after
the driver has been on duty 60 hours within a period of 7 consecutive
days if the employing motor carrier does not operate CMVs every day of
the week. Wolfe does not operate CMVs every day of the week and is
therefore prohibited from using the 70-hour/8-day rule in 49 CFR
395.3(b)(2) for its business operations.
According to Wolfe, its primary line of business is lifting and
moving buildings. Drivers employed by Wolfe transport steel beams and
dollies to and from various jobsites where work is performed. Wolfe
advised that its owners believe that Sunday is a day of rest and
worship and refuse any business opportunities that would require Sunday
work.
Because Wolfe does not conduct business on Sunday, its commercial
business operations are subject to the 60-hours-in-7-day rule set forth
in 49 CFR 395.3(b)(1). Due to the geographical spread of its
operations, Wolfe asserted that the 60-hour limitation is a substantial
burden. Wolfe explained in its application that the company attempts to
schedule work so that all crews can be at their home terminal before
the 60th on-duty hour of the week. However, weather, traffic, or
jobsite conditions sometimes delay completion of projects causing crews
to be stranded one or two hours' drive from the home terminal. When
delays occur relief drivers are sent in non-commercial vehicles to pick
up stranded drivers so that the drivers who have run out of hours can
drive back to the home terminal using the non-commercial vehicles while
the relief drivers return the CMVs to the terminal.
Wolfe reports that it is a small company and it is difficult to
have relief drivers available on short notice; this is unproductive and
costly for the company. Wolfe asserted that the stress and pressure
associated with approaching the 60-hour cut-off is likely to have a
detrimental effect on the safety performance of even well-trained and
well-qualified drivers.
According to Wolfe, allowing it to use the 70-hour on-duty limit
for all drivers not operating CMVs on Sundays would provide the
following significant safety benefits:
The need for relief drivers would be significantly reduced
or eliminated. This would result in fewer on-road miles driven (by
eliminating the need for a relief driver to drive up to 100 miles out
to pick up the CMV and for the regular driver to drive the non-CMV
[[Page 64397]]
back the same 100 miles). This would also mean that the CMV would
continue to be driven by the driver most familiar with it, rather than
a part-time driver.
Drivers would be less stressed, knowing that they have
sufficient time to complete their weekly schedule even if they are
delayed by heavy traffic, weather conditions, etc.
A copy of Wolfe's application for exemption is available for review
in the docket for this notice.
V. Public Comments
On October 18, 2018, FMCSA published notice of this application and
requested public comment (83 FR 52872). The Agency received two
comments.
Mr. Michael Millard wrote, ``If the FMCSA considers approving the
request there should be additional requirements to address training on
driver fatigue so drivers and supervisors can recognize the symptoms
and not allow drivers to violate Part 392.3 regarding ill or fatigued
drivers. If the petition is approved the carrier should only be allowed
to use the 34-hour restart once every six days.''
Mr. Stanley Roberts stated that ``If they get a waiver then there
would have to be waivers for several industries and businesses. I
contend that the majority of their work would be considered regional at
best and that their drivers are close enough to make it home on 60-hr/
7-day rules.''
VI. FMCSA Decision
FMCSA has evaluated Wolfe's application and the public comments and
decided to deny Wolfe's exemption request to operate up to 70 hours in
a 6-day period; the company does not operate CMVs on Sundays. Wolfe did
not demonstrate how operating up to 70 hours within 6 consecutive days
of operations (compared to the limit of 60 hours within 6 consecutive
days of operations) would maintain a level of safety equivalent to, or
greater than, the level of safety that would be achieved without the
exemption [49 CFR 381.305(a)]. The company did not provide any
countermeasures (e.g., additional off-duty time, etc.) to address the
approximately 17 percent increase in the maximum amount of on-duty time
that may be accumulated before driving is prohibited.
Issued on: November 15, 2019.
Jim Mullen,
Deputy Administrator.
[FR Doc. 2019-25330 Filed 11-20-19; 8:45 am]
BILLING CODE 4910-EX-P
