Hours of Service of Drivers: Extreme Logistics, LLC, Application for Exemption, 29782-29784 [2020-10590]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Notices]
[Pages 29782-29784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10590]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0086]


Hours of Service of Drivers: Extreme Logistics, LLC, Application 
for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; granting of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant Extreme Logistics, LLC 
(Extreme Logistics) an exemption from the requirement that all driving 
be completed within 14 hours of the beginning of the work shift. This 
exemption allows the applicant to exclude off-duty and sleeper-berth 
time, of any length, from the calculation of the 14-hour driving 
window. This exemption is applicable June 28-July 8, each year for 
several days prior to and several days following Independence Day 
celebrations. FMCSA has determined that the terms and conditions of the 
exemption will likely ensure a level of safety equivalent to, or 
greater than, the level of safety achieved without the exemption.

DATES: This exemption is effective May 18, 2020 and expires May 19, 
2025.

ADDRESSES: 
    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 Federal Docket Management System 
(FDMS) is available 24 hours each day, 365 days each year.

[[Page 29783]]

    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: Ms. Pearlie Robinson, 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

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-2019-0086 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. To be sure 
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Docket Operations.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. 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 the safety analyses and the public comments and 
determines whether granting the exemption would be likely to 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 reason for the granting or denial, and, if 
granted, the specific person or class of persons receiving the 
exemption and the regulatory provision or provisions from which 
exemption is granted. The notice must specify the effective period of 
the exemption (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 hours-of-service (HOS) rule in 49 CFR 395.3(a)(2) prohibits a 
property-carrying commercial motor vehicle (CMV) driver from driving a 
CMV after the 14th hour after coming on duty following 10 consecutive 
hours off duty. Extreme Logistics, LLC (USDOT 1971328) (Applicant) is a 
fireworks display company that employs CMV drivers who hold commercial 
driver's licenses (CDLs) with hazardous materials endorsements. The 
applicant requested an exemption from the 14-hour rule in 49 CFR 
395.3(a)(2) so that its drivers would be allowed to exclude off-duty 
and sleeper-berth time of any length from the calculation of the 14 
hours. This means that driving during a work shift would not be 
prohibited until the individual had accumulated 14 hours of on-duty 
time, rather than after the 14th hour of coming on duty. The applicant 
states that complying with the existing 14-hour rule means that most 
shows would require two CDL drivers, significantly increasing the cost 
of the fireworks display.
    The applicant asserts that without the extra duty period provided 
by the exemption, safety would decline as firework drivers would be 
unable to return to their home base following each show should they 
have fireworks remaining after the display. They would be forced to 
park the CMVs carrying Division 1.3G and 1.4G products in areas less 
secure than the motor carrier's home base.

V. Public Comments

    On April 18, 2019, the Agency published a notice (84 FR 16324) 
requesting public comment on Extreme Logistics' exemption application. 
The Agency received one comment from Mr. Michael Millard. Mr. Millard 
said that there were seven Extreme Logistic LLCs and five Extreme 
Logistics, making it impossible for the public to review the 
applicant's data by its business name. The Agency acknowledges that 
identifying the company through a name search would be challenging. 
However, the application and the notice included the company's unique 
USDOT identification number.

VI. FMCSA Decision and Safety Analysis

    FMCSA has determined that granting an exemption to Extreme 
Logistics, LLC, will likely achieve a level of safety equivalent to or 
greater than the level that compliance with the 14-hour rule would 
ensure. The Agency has concluded that the annual 11-day exemption 
requested by Extreme Logistics is not likely to decrease safety.
    Based on the Agency's experience evaluating exemption requests from 
fireworks companies responsible for Independence Day celebrations, 
pyrotechnicians rarely drive the full 11 hours allowed by the current 
regulations. However, in preparing for these celebrations they may need 
to be on duty more than 14 consecutive hours and to drive at the end of 
that tour of duty. Without an exemption, these pyrotechnician/drivers 
would be stranded, often with a CMV partially loaded with fireworks, at 
the site of a forthcoming shoot; conversely, the fireworks company 
could employ a second CDL holder, operating on a later schedule, to 
return the vehicle to a secure location within the 14-hour limit. The 
first option poses certain risks to public safety and the second would 
significantly increase the costs and logistical complexity of a shoot.
    The operational demands of this unique industry appear to minimize 
the risk of CMV crashes. In the few days before the Independence Day 
celebrations, drivers spend their driving time transporting fireworks 
relatively short distances, from the nearest distribution point to the 
site of the shoot. Most of their on-duty time after arriving at the 
site, however, is devoted to the intricate and potentially dangerous 
task of installing, wiring, and double-checking fireworks displays.
    Generally, pyrotechnicians drive to the site of the shoot in the 
early morning and return late in the evening, thus avoiding much of the 
heavy traffic typical of the holiday. After setting up the fireworks 
display in daylight, to reduce the risks of mistakes, the 
pyrotechnician/drivers typically have several hours off duty in the 
late afternoon and early evening, just before the shoot. This enables 
them to rest or nap, reducing or eliminating the fatigue caused by the 
day's activities, and making their return trip after the shoot, safer 
than would otherwise be expected.
    In addition to driving at off-peak hours and having an opportunity 
for substantial rest periods during their tours of duty, 
pyrotechnicians who drive back to a hotel or motel in the 15th or 16th 
hours after coming on duty

[[Page 29784]]

will be required to take 10 consecutive hours off duty, like other 
drivers. An opportunity for 8 consecutive hours of sleep should 
eliminate the possibility of cumulative fatigue the next day.
    Although FMCSA believes the 14-hour limit helps to reduce the risks 
of drivers operating while fatigued, the current HOS regulations allow 
short-haul drivers, who are not required to possess a CDL, a 16-hour 
driving window once a week, providing certain conditions are met. The 
Agency believes that the requisite level of safety will be ensured by 
the limited amount of driving that takes place during any given work 
shift, combined with the frequent breaks from the time on task 
(driving) and continued compliance with the requirement for 10 
consecutive hours off duty at the end of the work shift.
    Furthermore, FMCSA conducted a comprehensive review of the motor 
carrier's safety performance, which included a review of the Motor 
Carrier Management Information System safety records, and inspection 
and accident reports submitted to FMCSA by State agencies. Extreme 
Logistics possesses an active USDOT registration, minimum required 
levels of financial responsibility, and is not subject to an ``imminent 
hazard'' or other out-of-service order.
    Finally, the carrier is not under investigation by the Pipeline and 
Hazardous Materials Safety Administration, the Agency within the 
Department responsible for the Federal Hazardous Materials Regulations. 
The applicant has a ``satisfactory'' safety rating and a valid 
Hazardous Materials Safety Permit from FMCSA.
    In consideration of the above, FMCSA grants Extreme Logistics an 
exemption from the 14-hour rule covering June 28 through July 8, each 
year from 2020 to 2024.

VII. Terms and Conditions of the Exemption

Period of the Exemption

    The exemption from 49 CFR 395.3(a)(2) is effective from 12:01 a.m. 
June 28 through 11:59 p.m. on July 8 local time, each year through 2024 
for the drivers employed by the applicant.

Terms and Conditions of the Exemption

    Drivers covered by this exemption may exclude off-duty and sleeper-
berth time of any length from the calculation of the 14-hour limit. 
This exemption is limited to the drivers employed by Extreme Logistics. 
The conditions of this exemption are as follows:
     Drivers must not drive more than 11 hours after 
accumulating 14 hours of on-duty time;
     Drivers must have 10 consecutive hours off duty following 
14 hours on duty prior to beginning a new driving period;
     Extreme Logistics must maintain USDOT registration, a 
Hazardous Materials Safety Permit (if required), and minimum levels of 
public liability insurance, and must not be subject to an ``imminent 
hazard'' or other out-of-service (OOS) order issued by FMCSA; and
     Each driver covered by the exemption must be in possession 
of the exemption document and maintain a valid CDL with required 
endorsements, not be subject to an OOS order or suspension of driving 
privileges, and meet all physical qualifications required by 49 CFR 
part 391.
    The carrier and drivers must comply with all other applicable 
requirements of the Federal Motor Carrier Safety Regulations (49 CFR 
parts 350-399) and Hazardous Materials Regulations (49 CFR parts 105-
180).

Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption. States may adopt the same 
exemption with respect to operations in intrastate commerce.

FMCSA Notification

    The applicant must notify FMCSA within 5 business days of any 
accident (as defined by 49 CFR 390.5) involving the operation of any of 
its CMVs while under this exemption. The notification must be emailed 
to [email protected] and include the following information:
    a. Name of the Exemption: ``Extreme Logistics'';
    b. Date of the accident;
    c. City or town, and State, in which the accident occurred, or 
which is closest to the scene of the accident;
    d. Driver's name and driver's license State, number, and class;
    e. Co-Driver's name and driver's license State, number, and class;
    f. Vehicle company number and power unit license plate State and 
number;
    g. Number of individuals suffering physical injury;
    h. Number of fatalities;
    i. The police-reported cause of the accident;
    j. Whether the driver was cited for violation of any traffic laws, 
or motor carrier safety regulations; and
    k. The total driving time and the total on-duty time of the CMV 
driver at the time of the accident.
    In addition, if there are any injuries or fatalities, the carrier 
must forward the police accident report to [email protected] as soon as 
available.

Termination

    The FMCSA does not believe the drivers covered by this exemption 
will experience any deterioration of their safety record. However, 
should this occur, FMCSA will take all steps necessary to protect the 
public interest, including revoking the exemption. The FMCSA will 
revoke the exemption immediately for failure to comply with its terms 
and conditions.

James A. Mullen,
Acting Administrator.
[FR Doc. 2020-10590 Filed 5-15-20; 8:45 am]
 BILLING CODE 4910-EX-P