Hours of Service of Drivers: Association of American Railroads and American Short Line and Regional Railroad Association; Application for Exemption, 51546-51548 [2020-18215]

Download as PDF 51546 Federal Register / Vol. 85, No. 162 / Thursday, August 20, 2020 / Notices Avenue SE, Washington, DC 20590– 0001. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. jbell on DSKJLSW7X2PROD with NOTICES Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2020–0173), 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 comments online, go to www.regulations.gov and put the docket number, ‘‘FMCSA–2020–0173’’ 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 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. 31315(b) to grant exemptions from certain parts of the 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 the safety analyses and the public comments and determines VerDate Sep<11>2014 18:01 Aug 19, 2020 Jkt 250001 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)). If the Agency denies the request, it must state the reason for doing so. If the decision is to grant the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which an 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 381.315(c) and 49 CFR 381.300(b)). III. Netradyne’s Application for Exemption The Federal Motor Carrier Safety Regulations require devices meeting the definition of ‘‘vehicle safety technology,’’ including Netradyne’s Driveri® Dash Cam, to be mounted (1) not more than 4 inches below the upper edge of the area swept by the windshield wipers, or (2) not more than 7 inches above the lower edge of the area swept by the windshield wipers, and outside the driver’s sight lines to the road and highway signs and signals. Netradyne has applied for an exemption from 49 CFR 393.60(e)(1) to allow its Driveri® Dash Cam to be mounted lower in the windshield than is currently permitted. A copy of the application is included in the docket referenced at the beginning of this notice. V. Request for Comments In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public comment from all interested persons on Netradyne’s application for an exemption from 49 CFR 393.60(e)(1). All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 persons should continue to examine the public docket for new material. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–18217 Filed 8–19–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2020–0171] Hours of Service of Drivers: Association of American Railroads and American Short Line and Regional Railroad Association; 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 the Association of American Railroads and American Short Line and Regional Railroad Association (the Associations) on behalf of themselves and member railroads for an exemption from the following hours of service (HOS) provisions: (1) Driving a propertycarrying commercial motor vehicle (CMV) without first taking 10 consecutive hours off duty, (2) driving after the 14th hour after coming on duty, (3) driving more than 11 hours during the 14-hour period after coming on duty, (4) driving if more than 8 hours have passed since the end of the last offduty or sleeper-berth period of at lest 30 minutes, and (5) driving after accumulating 60 hours of on-duty time in 7 consecutive days (60-hour rule), or 70 hours of on-duty time in 8 consecutive days (70-hour rule). The exemption would enable railroad employees subject to the HOS rules to respond to unplanned events that occur outside of or extend beyond the employee’s normal work hours. FMCSA requests public comment on the Associations’ application for exemption. DATES: Comments must be received on or before September 21, 2020. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– 2020–0171 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 SUMMARY: E:\FR\FM\20AUN1.SGM 20AUN1 Federal Register / Vol. 85, No. 162 / Thursday, August 20, 2020 / Notices 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 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. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366–9826 before visiting Docket Operations. 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: Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: (202) 366–4225; 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. jbell on DSKJLSW7X2PROD with NOTICES Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2020–0171), 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 VerDate Sep<11>2014 18:01 Aug 19, 2020 Jkt 250001 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–2020–0171’’ 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 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. 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. Background Under 49 CFR 395.3(a) a property carrying commercial motor vehicle driver may not drive without first taking 10 consecutive hours off duty. PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 51547 Additionally, the driver may only drive a total of 11 hours during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty. Section 395.3(a)(3)(ii) currently prohibits driving if more than 8 hours have passed since the end of the driver’s last off-duty or sleeper-berth period of at least 30 minutes. However, under the amended rule adopted on June 1, 2020 [85 FR 33396], which becomes effective on September 29, 2020, driving is not permitted if more than 8 hours of driving time have passed without at least a consecutive 30-minute interruption in driving status. The 30minute break may be taken as off-duty, on-duty/not-driving, or sleeper-berth time, or any combination thereof. Under 49 CFR 395.3(b) no motor carrier shall permit or require a driver of a propertycarrying commercial motor vehicle to driver, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, for any period after having been on duty 60 hours in any period of 7 consecutive days or having been on duty 70 hours in any period of 8 consecutive days. On October 11, 2018, the Associations submitted a similar exemption request (83 FR 64929.) The request was later withdrawn by the Associations and a new request has been submitted. The Associations contend that the HOS prohibitions on driving after a 14-hour period, and after 60 or 70 hours on duty in a moving 7- or 8-day ‘‘week’’ inhibit a railroad’s ability to respond expeditiously to certain types of emergency situations. For this reason the Associations request that a railroad employee responding to an unplanned event that affects interstate commerce, service or the safety of railway operations, including passenger rail operations, and that occurs outside of or extends beyond the employee’s normal shift, be exempt from the provisions in 49 CFR part 395.3(a) and (b). A copy of the exemption application is available for review in the docket for this notice. Request for Comments In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public comment from all interested persons on the Associations’ exemption application. All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments E:\FR\FM\20AUN1.SGM 20AUN1 51548 Federal Register / Vol. 85, No. 162 / Thursday, August 20, 2020 / Notices received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–18215 Filed 8–19–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [U.S. DOT Docket Number NHTSA–2020– 0004] Agency Information Collection Activities; Notice and Request for Comment; Petitions for Exemption from the Vehicle Theft Prevention Standard National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Notice and request for comments on a reinstatement of a previously-approved information collection. AGENCY: The National Highway Traffic Safety Administration (NHTSA) invites public comments about our intention to request approval from the Office of Management and Budget (OMB) to reinstate a previously-approved information collection. Before a Federal agency can collect certain information from the public, it must receive approval from OMB. Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information for which NHTSA intends to seek OMB approval. DATES: Comments must be received on or before October 19, 2020. ADDRESSES: You may submit comments identified by the Docket No. DOT– NHTSA–2020–0004 through any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:01 Aug 19, 2020 Jkt 250001 • Mail or Hand Delivery: Docket Management, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12– 140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. FOR FURTHER INFORMATION CONTACT: For additional information or access to background documents, contact Carlita Ballard, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, West Building, W43–439, NRM–310, 1200 New Jersey Avenue SE, Washington, DC 20590. Ms. Ballard’s telephone number is (202) 366–5222. Please identify the relevant collection of information by referring to its OMB Control Number. SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, before an agency submits a proposed collection of information to OMB for approval, it must first publish a document in the Federal Register providing a 60-day comment period and otherwise consult with members of the public and affected agencies concerning each proposed collection of information. The OMB has promulgated regulations describing what must be included in such a document. Under OMB’s regulation (at 5 CFR 1320.8(d)), an agency must ask for public comment on the following: (i) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (ii) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) how to enhance the quality, utility, and clarity of the information to be collected; (iv) how to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses. In compliance with these requirements, NHTSA asks for public comments on the following proposed collection of information for which the agency is seeking approval from OMB. Title: Petitions for Exemption From the Vehicle Theft Prevention Standard (49 CFR part 543). OMB Control Number: 2127–0542. Type of Request: Request for approval of a reinstatement of a previouslyapproved information collection. Type of Review Requested: Regular. PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 Length of Approval Requested: Three years. Affected Public: Motor vehicle manufacturers. Requested Expiration Date of Approval: Three years from approval date. Summary of Information Collection: 49 U.S.C. Chapter 331 requires the Secretary of Transportation to promulgate a theft prevention standard to provide for the identification of certain motor vehicles and their major replacement parts (parts-marking) to impede motor vehicle theft. Under 49 U.S.C. 33106, manufacturers may petition the Secretary of Transportation (NHTSA by delegation) for an exemption from the parts-marking requirement for a line of passenger motor vehicles equipped with an antitheft device as standard equipment that the Secretary (NHTSA by delegation) decides is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the partsmarking requirements. In accordance with the statute, NHTSA promulgated 49 CFR part 543 to provide a process through which manufacturers may seek an exemption from the Theft Prevention Standard. Under these regulations, each manufacturer may request an exemption for one vehicle line per model year. Under the current part 543, manufacturers choose how they wish to demonstrate to the agency that the antitheft device they are installing in a vehicle line meets the requirements for exemption: by either the factors listed in § 543.6 (specific content requirements: detailed lists, data, and explanations) or by the criteria listed in § 543.7 (performance criteria). Section 543.6 requires manufacturer to submit: (1) A statement that an antitheft device will be installed as standard equipment on all vehicles in the line for which an exemption is sought; (2) a list naming each component in the antitheft system, and a diagram showing the location of each of those components within the vehicle; (3) a discussion that explains the means and process by which the device is activated and functions, including any aspect of the device designed to facilitate or encourage its activation by motorists, attract attention to the efforts of an unauthorized person to enter or move the vehicle by means other than a key, prevent defeating or circumventing the device by an unauthorized person attempting to enter a vehicle by means other than a key, prevent the operation of a vehicle which an unauthorized person has entered using means other than a key, and ensure the reliability and durability of the device; (4) the reasons for the E:\FR\FM\20AUN1.SGM 20AUN1

Agencies

[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
[Notices]
[Pages 51546-51548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18215]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0171]


Hours of Service of Drivers: Association of American Railroads 
and American Short Line and Regional Railroad Association; 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 the 
Association of American Railroads and American Short Line and Regional 
Railroad Association (the Associations) on behalf of themselves and 
member railroads for an exemption from the following hours of service 
(HOS) provisions: (1) Driving a property-carrying commercial motor 
vehicle (CMV) without first taking 10 consecutive hours off duty, (2) 
driving after the 14th hour after coming on duty, (3) driving more than 
11 hours during the 14-hour period after coming on duty, (4) driving if 
more than 8 hours have passed since the end of the last off-duty or 
sleeper-berth period of at lest 30 minutes, and (5) driving after 
accumulating 60 hours of on-duty time in 7 consecutive days (60-hour 
rule), or 70 hours of on-duty time in 8 consecutive days (70-hour 
rule). The exemption would enable railroad employees subject to the HOS 
rules to respond to unplanned events that occur outside of or extend 
beyond the employee's normal work hours. FMCSA requests public comment 
on the Associations' application for exemption.

DATES: Comments must be received on or before September 21, 2020.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2020-0171 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

[[Page 51547]]

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 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. To be sure someone is there to help you, 
please call (202) 366-9317 or (202) 366-9826 before visiting Docket 
Operations. 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: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: (202) 366-4225; 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-2020-0171), 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-2020-0171'' 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. 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. Background

    Under 49 CFR 395.3(a) a property carrying commercial motor vehicle 
driver may not drive without first taking 10 consecutive hours off 
duty. Additionally, the driver may only drive a total of 11 hours 
during a period of 14 consecutive hours after coming on duty following 
10 consecutive hours off duty. Section 395.3(a)(3)(ii) currently 
prohibits driving if more than 8 hours have passed since the end of the 
driver's last off-duty or sleeper-berth period of at least 30 minutes. 
However, under the amended rule adopted on June 1, 2020 [85 FR 33396], 
which becomes effective on September 29, 2020, driving is not permitted 
if more than 8 hours of driving time have passed without at least a 
consecutive 30-minute interruption in driving status. The 30-minute 
break may be taken as off-duty, on-duty/not-driving, or sleeper-berth 
time, or any combination thereof. Under 49 CFR 395.3(b) no motor 
carrier shall permit or require a driver of a property-carrying 
commercial motor vehicle to driver, nor shall any driver drive a 
property-carrying commercial motor vehicle, regardless of the number of 
motor carriers using the driver's services, for any period after having 
been on duty 60 hours in any period of 7 consecutive days or having 
been on duty 70 hours in any period of 8 consecutive days.
    On October 11, 2018, the Associations submitted a similar exemption 
request (83 FR 64929.) The request was later withdrawn by the 
Associations and a new request has been submitted. The Associations 
contend that the HOS prohibitions on driving after a 14-hour period, 
and after 60 or 70 hours on duty in a moving 7- or 8-day ``week'' 
inhibit a railroad's ability to respond expeditiously to certain types 
of emergency situations. For this reason the Associations request that 
a railroad employee responding to an unplanned event that affects 
interstate commerce, service or the safety of railway operations, 
including passenger rail operations, and that occurs outside of or 
extends beyond the employee's normal shift, be exempt from the 
provisions in 49 CFR part 395.3(a) and (b).
    A copy of the exemption application is available for review in the 
docket for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on the Associations' exemption 
application. All comments received before the close of business on the 
comment closing date indicated at the beginning of this notice will be 
considered and will be available for examination in the docket at the 
location listed under the Addresses section of this notice. Comments

[[Page 51548]]

received after the comment closing date will be filed in the public 
docket and will be considered to the extent practicable. In addition to 
late comments, FMCSA will also continue to file, in the public docket, 
relevant information that becomes available after the comment closing 
date. Interested persons should continue to examine the public docket 
for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-18215 Filed 8-19-20; 8:45 am]
BILLING CODE 4910-EX-P
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