[Hours of Service of Drivers: Mountain Blade Runner Helicopters, LLC (MBR Helicopters); Application for Exemption, 11115-11117 [2022-04073]
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Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Notices
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17:23 Feb 25, 2022
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Zachary A. Parker,
Director, Office of Directives Management,
U.S. Department of State.
[FR Doc. 2022–04178 Filed 2–25–22; 8:45 am]
BILLING CODE 4710–AE–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2020–0144]
[Hours of Service of Drivers: Mountain
Blade Runner Helicopters, LLC (MBR
Helicopters); Application for
Exemption
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition;
denial of application for exemption.
AGENCY:
FMCSA announces its
decision to deny the exemption request
from Mountain Blade Runner
Helicopters, LLC (MBR Helicopters) for
an exemption from the hours-of-service
(HOS) regulations for operators of its
ground support equipment. MBR
Helicopters requested relief from the 14hour ‘‘driving window’’ rule and the
requirement that drivers have 10
consecutive hours off duty at the end of
the work shift. The exemption would
allow drivers of MBR Helicopters’
ground support equipment a 16-hour
window to complete all driving and
enable them to use an 8-consecutive
hour off-duty break, combined with at
least 2 additional off-duty hours during
SUMMARY:
PO 00000
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11115
the 16-hour driving window. FMCSA
analyzed the exemption application and
public comments, and determined that
the application lacked evidence that the
exemption would ensure a level of
safety equivalent to or greater than that
which 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; (202) 366–2722; MCPSD@
dot.gov. If you have questions on
viewing or submitting material to the
docket, contact Dockets Operations,
(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–2020–0144 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 Dockets Operations.
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
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11116
Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Notices
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)).
khammond on DSKJM1Z7X2PROD with NOTICES
III. Current Regulations
Under 49 CFR 395.3(a)(1), a driver
may not drive without first taking 10
consecutive hours off duty, and 49 CFR
395.3(a)(2) permits a driver to drive only
during a period of 14 consecutive hours
after coming on duty following 10
consecutive hours off duty. The driver
may not drive after the end of the 14consecutive-hour period, without first
taking 10 consecutive hours off duty.
IV. Request for Exemption
MBR Helicopters requested relief from
the 14-hour ‘‘driving window’’ rule and
the requirement that drivers have 10
consecutive hours off duty at the end of
the work shift. The requested exemption
would allow drivers of MBR
Helicopters’ ground support equipment
a 16-hour window within which to
complete all driving and enable them to
use an 8-consecutive hour off-duty
break, combined with at least 2
additional off-duty hours during the 16hour driving window.
MBR Helicopters has been serving the
utility helicopter industry and its
customers since 2008 in the State of
Colorado and across the United States.
MBR Helicopters requested this
exemption for approximately 10 of its
drivers of ground support commercial
motor vehicles (CMVs), all of whom
possess commercial driver licenses
(CDLs) with applicable endorsements.
MBR Helicopters currently operates a
fleet of Class 5 straight trucks and
pickup trucks that pull trailers. Drivers
of ground support equipment are
specially trained to refuel, rig, reload,
and maintain helicopters. They also
operate CMVs transporting helicopter
fuel that requires a CDL with a
hazardous materials and tank
endorsement.
The driver of an MBR Helicopters
ground-support CMV typically drives an
average of 60 miles one way to a remote
landing zone, arrives at dawn, performs
duties during the day, drives back to an
airport to refill the tank with helicopter
fuel, then drives back to the place of
lodging near dusk. During the day,
ground crew members have relatively
few duties, allowing 2 or more hours off
duty between tasks. This schedule
varies greatly depending on customer
needs. In general, however, when not
responding to or returning from
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17:23 Feb 25, 2022
Jkt 256001
incidents, work days usually last about
8 to 10 hours, including all on-duty and
driving time.
MBR Helicopters’ contracts with
government agencies specify that its
maintenance personnel must be
available for a maximum of 14 hours,
and that maintenance personnel may
extend their duty day to 16 hours. The
ground crews travel between the
helicopter base and the place of lodging,
thus making it difficult to stay within
the 14-hour limit because of travel
before and after the work day.
V. Method To Ensure an Equivalent or
Greater Level of Safety
To ensure an equivalent level of
safety, MBR Helicopters proposed the
following conditions and alternative
HOS provisions:
• MBR Helicopters’ drivers would, on
average, use the exemption once every
2 weeks during the months of April
through October;
• MBR Helicopters’ drivers would not
drive after the 16th hour after coming on
duty;
• MBR Helicopters’ drivers would
take 8 hours consecutively off duty
before coming on duty again;
• MBR Helicopters’ drivers must have
at least 2 hours off duty during the16hour period; and
• MBR Helicopters’ drivers must be
responding to or returning from an
active incident as requested by an
officer of a public agency or public
utility.
MBR Helicopters stated that these
conditions and alternatives are designed
to keep the drivers using the potential
exemption from driving fatigued. MBR
Helicopters added that these conditions
would ensure that the drivers
authorized to use this exemption have
guidelines that would enable them to
use it only when necessary.
VI. Public Comments
On December 18, 2020, FMCSA
published notice of the MBR
Helicopters application and requested
public comment (85 FR 82574). The
Agency received two comments, both
opposing the exemption request. The
Commercial Vehicle Safety Alliance
stated the following:
In MBR Helicopters’ request they fail to
adequately identify how their drivers will
maintain an equivalent level of safety while
operating under extended hours-of-service
requirements, which is a key component to
a credible exemption request. Granting this
request would extend the amount of time
drivers can operate, exposing them to higher
risk for fatigue and negatively impacting
safety. Under extenuating emergency
circumstances, emergency declarations are
issued that waive the hours-of-service
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Fmt 4703
Sfmt 4703
requirements for drivers responding to the
emergency. Emergency declarations exist for
the exact reasons outlined in the exemption
request, to allow for operation beyond the
current hours-of-service framework when
there is an emergency that requires an
expedited response. Short of an emergency
declaration, there isn’t a reasonable need for
relaxation of the hours-of-service
requirements to the level requested in this
application. FMCSA should deny the
exemption request.
Mr. Michael Millard added:
When working wildfires and other
emergency activities MBR has the use of Part
390.23 as applicable to work the emergency
based on its safety protocols. MBR doesn’t
specify whether or not the eight-hour break
includes a commute time to and from work
which makes the eight hours more like six
hours or less. I hope the FMCSA denies
MBR’s request. If eight hours were suitable
for drivers to get adequate rest, then the
Federal Motor Carrier Safety Regulations
should be revised to accommodate the
trucking industry.
VII. FMCSA Safety Analysis and
Decision
When the Agency established the
HOS rules, it relied upon research
indicating that the requirements
improve CMV safety. The HOS
regulations provide a 14-hour window
within which all driving must be
completed and, with the exception of
the adverse driving clause dna the
sleeper berth provision, all drivers
subject to the HOS requirements must
adhere to this restriction which helps to
ensure that drivers remain alert during
the work shift. In addition, the current
regulations require that drivers of
property-carrying vehicles have 10
consecutive hours off duty at the end of
the work shift to ensure adequate
opportunities for recuperative rest prior
to the beginning of the next work shift.
The exemption application does not
provide sufficient countermeasures to
enable the Agency to conclude that the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by
complying with the current regulations.
There is no basis to conclude that
extending the 14-hour ‘‘driving
window’’ for the applicant would
ensure the requisite level of safety or
that decreasing the mandatory off-duty
period would provide drivers with a
sufficient amount of rest.
FMCSA has reviewed MBR’s
application and the public comments
and has concluded that the requisite
level of safety cannot be ensured, for the
reasons discussed above. Accordingly,
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Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Notices
FMCSA denies the request for an
exemption.
Robin Hutcheson,
Acting Administrator.
[FR Doc. 2022–04073 Filed 2–25–22; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE TREASURY
Community Development Financial
Institutions Fund
khammond on DSKJM1Z7X2PROD with NOTICES
Bond Guarantee Program, Fiscal Year
2022; Guarantee Availability
Funding Opportunites: Bond
Guarantee Program, FY 2022; Notice of
Guarantee Availability.
Funding Opportunity Title: Notice of
Guarantee Availability (NOGA) inviting
Qualified Issuer Applications and
Guarantee Applications for the
Community Development Financial
Institutions (CDFI) Bond Guarantee
Program.
Announcement Type: Announcement
of opportunity to submit Qualified
Issuer Applications and Guarantee
Applications.
Catalog of Federal Domestic
Assistance (CFDA) Number: 21.011.
Dates: Qualified Issuer Applications
and Guarantee Applications may be
submitted to the CDFI Fund starting on
the date of publication of this NOGA. In
order to be considered for the approval
of a Guarantee in fiscal year (FY) 2022,
Qualified Issuer Applications must be
submitted by 11:59 p.m. Eastern Time
(ET) on April 20, 2022 and Guarantee
Applications must be submitted by
11:59 p.m. ET on April 26, 2022. If
applicable, CDFI Certification
Applications must be received by the
CDFI Fund by 11:59 p.m. ET on March
28, 2022. Under FY 2022 authority,
Bond Documents and Bond Loan
documents must be executed, and
Guarantees will be provided, in the
order in which Guarantee Applications
are approved or by such other criteria
that the CDFI Fund may establish, in its
sole discretion, and in any event by
December 31, 2022.
Executive Summary: This NOGA is
published in connection with the CDFI
Bond Guarantee Program, administered
by the Community Development
Financial Institutions Fund (CDFI
Fund), the U.S. Department of the
Treasury (Treasury). Through this
NOGA, the CDFI Fund announces the
availability of up to $500 million of
Guarantee Authority in FY 2022. This
NOGA explains application submission
and evaluation requirements and
processes, and provides agency contacts
VerDate Sep<11>2014
17:23 Feb 25, 2022
Jkt 256001
and information on CDFI Bond
Guarantee Program outreach. Parties
interested in being approved for a
Guarantee under the CDFI Bond
Guarantee Program must submit
Qualified Issuer Applications and
Guarantee Applications for
consideration in accordance with this
NOGA. Capitalized terms used in this
NOGA and not defined elsewhere are
defined in the CDFI Bond Guarantee
Program regulations (12 CFR 1808.102)
and the CDFI Program regulations (12
CFR 1805.104).
I. Guarantee Opportunity Description
A. Authority. The CDFI Bond
Guarantee Program was authorized by
the Small Business Jobs Act of 2010
(Pub. L. 111–240; 12 U.S.C. 4713a) (the
Act). Section 1134 of the Act amended
the Riegle Community Development and
Regulatory Improvement Act of 1994 (12
U.S.C. 4701, et seq.) to provide authority
to the Secretary of the Treasury
(Secretary) to establish and administer
the CDFI Bond Guarantee Program.
B. Bond Issue size; Amount of
Guarantee authority. In FY 2022, the
Secretary may guarantee Bond Issues
having a minimum Guarantee of $100
million each, and up to an aggregate
total of $500 million, or other amounts
authorized by FY 2022 Appropriations.
C. Program summary. The purpose of
the CDFI Bond Guarantee Program is to
support CDFI lending by providing
Guarantees for Bonds issued for Eligible
Community or Economic Development
Purposes, as authorized by section 1134
and 1703 of the Act. The Secretary, as
the Guarantor of the Bonds, will provide
a 100% Guarantee for the repayment of
the Verifiable Losses of Principal,
Interest, and Call Premium of Bonds
issued by Qualified Issuers. Qualified
Issuers, approved by the CDFI Fund,
will issue Bonds that will be purchased
by the Federal Financing Bank. The
Qualified Issuer will use 100% of Bond
Proceeds to provide Bond Loans to
Eligible CDFIs, which will use Bond
Loan proceeds for Eligible Community
and Economic Development Purposes,
including providing Secondary Loans to
Secondary Borrowers in accordance
with the Secondary Loan Requirements.
Secondary Loans may support lending
in the following asset classes: CDFI-toCDFI, CDFI to Financing Entity, Charter
Schools, Commercial Real Estate,
Daycare Centers, Healthcare Facilities,
Rental Housing, Rural Infrastructure,
Owner-Occupied Home Mortgages,
Licensed Senior Living and Long-Term
Care Facilities, Small Business, and Notfor-Profit Organizations, as these terms
are defined in the Secondary Loan
Requirements (Underwriting Review
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11117
Checklist), which can be found on the
CDFI Fund’s website at
www.cdfifund.gov/bond.
D. Review Guarantee Applications, in
general.
1. Qualified Issuer Applications
submitted with Guarantee Applications
will have priority for review over
Qualified Issuer Applications submitted
without Guarantee Applications. With
the exception of the aforementioned
prioritized review, all Qualified Issuer
Applications and Guarantee
Applications will be reviewed by the
CDFI Fund on an ongoing basis, in the
order in which they are received, or by
such other criteria that the CDFI Fund
may establish in its sole discretion.
2. Guarantee Applications that are
incomplete or require the CDFI Fund to
request additional or clarifying
information may delay the ability of the
CDFI Fund to move the Guarantee
Application to the next phase of review.
Submitting an incomplete Guarantee
Application earlier than other
applicants does not ensure first
approval.
3. Qualified Issuer Applications and
Guarantee Applications that were
received in FY 2021 and that were
neither withdrawn nor declined in FY
2021 will be considered under FY 2022
authority.
4. Pursuant to the Regulations at 12
CFR 1808.504(c), the Guarantor may
limit the number of Guarantees issued
per year or the number of Guarantee
Applications accepted to ensure that a
sufficient examination of Guarantee
Applications is conducted.
E. Additional reference documents. In
addition to this NOGA, the CDFI Fund
encourages interested parties to review
the following documents, which have
been posted on the CDFI Bond
Guarantee Program page of the CDFI
Fund’s website at https://
www.cdfifund.gov/bond.
1. Guarantee Program Regulations.
The regulations that govern the CDFI
Bond Guarantee Program were
published on February 5, 2013 (78 FR
8296; 12 CFR part 1808) (the
Regulations), and provide the regulatory
requirements and parameters for CDFI
Bond Guarantee Program
implementation and administration
including general provisions, eligibility,
eligible activities, applications for
Guarantee and Qualified Issuer,
evaluation and selection, terms and
conditions of the Guarantee, Bonds,
Bond Loans, and Secondary Loans.
2. Application materials. Details
regarding Qualified Issuer Application
and Guarantee Application content
requirements are found in this NOGA
and the respective application materials.
E:\FR\FM\28FEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Notices]
[Pages 11115-11117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04073]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0144]
[Hours of Service of Drivers: Mountain Blade Runner Helicopters,
LLC (MBR Helicopters); Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; denial of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to deny the exemption request
from Mountain Blade Runner Helicopters, LLC (MBR Helicopters) for an
exemption from the hours-of-service (HOS) regulations for operators of
its ground support equipment. MBR Helicopters requested relief from the
14-hour ``driving window'' rule and the requirement that drivers have
10 consecutive hours off duty at the end of the work shift. The
exemption would allow drivers of MBR Helicopters' ground support
equipment a 16-hour window to complete all driving and enable them to
use an 8-consecutive hour off-duty break, combined with at least 2
additional off-duty hours during the 16-hour driving window. FMCSA
analyzed the exemption application and public comments, and determined
that the application lacked evidence that the exemption would ensure a
level of safety equivalent to or greater than that which 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; (202) 366-2722; [email protected]. If you have questions
on viewing or submitting material to the docket, contact Dockets
Operations, (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-2020-0144 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 Dockets Operations.
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
[[Page 11116]]
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. Current Regulations
Under 49 CFR 395.3(a)(1), a driver may not drive without first
taking 10 consecutive hours off duty, and 49 CFR 395.3(a)(2) permits a
driver to drive only during a period of 14 consecutive hours after
coming on duty following 10 consecutive hours off duty. The driver may
not drive after the end of the 14-consecutive-hour period, without
first taking 10 consecutive hours off duty.
IV. Request for Exemption
MBR Helicopters requested relief from the 14-hour ``driving
window'' rule and the requirement that drivers have 10 consecutive
hours off duty at the end of the work shift. The requested exemption
would allow drivers of MBR Helicopters' ground support equipment a 16-
hour window within which to complete all driving and enable them to use
an 8-consecutive hour off-duty break, combined with at least 2
additional off-duty hours during the 16-hour driving window.
MBR Helicopters has been serving the utility helicopter industry
and its customers since 2008 in the State of Colorado and across the
United States. MBR Helicopters requested this exemption for
approximately 10 of its drivers of ground support commercial motor
vehicles (CMVs), all of whom possess commercial driver licenses (CDLs)
with applicable endorsements. MBR Helicopters currently operates a
fleet of Class 5 straight trucks and pickup trucks that pull trailers.
Drivers of ground support equipment are specially trained to refuel,
rig, reload, and maintain helicopters. They also operate CMVs
transporting helicopter fuel that requires a CDL with a hazardous
materials and tank endorsement.
The driver of an MBR Helicopters ground-support CMV typically
drives an average of 60 miles one way to a remote landing zone, arrives
at dawn, performs duties during the day, drives back to an airport to
refill the tank with helicopter fuel, then drives back to the place of
lodging near dusk. During the day, ground crew members have relatively
few duties, allowing 2 or more hours off duty between tasks. This
schedule varies greatly depending on customer needs. In general,
however, when not responding to or returning from incidents, work days
usually last about 8 to 10 hours, including all on-duty and driving
time.
MBR Helicopters' contracts with government agencies specify that
its maintenance personnel must be available for a maximum of 14 hours,
and that maintenance personnel may extend their duty day to 16 hours.
The ground crews travel between the helicopter base and the place of
lodging, thus making it difficult to stay within the 14-hour limit
because of travel before and after the work day.
V. Method To Ensure an Equivalent or Greater Level of Safety
To ensure an equivalent level of safety, MBR Helicopters proposed
the following conditions and alternative HOS provisions:
MBR Helicopters' drivers would, on average, use the
exemption once every 2 weeks during the months of April through
October;
MBR Helicopters' drivers would not drive after the 16th
hour after coming on duty;
MBR Helicopters' drivers would take 8 hours consecutively
off duty before coming on duty again;
MBR Helicopters' drivers must have at least 2 hours off
duty during the16-hour period; and
MBR Helicopters' drivers must be responding to or
returning from an active incident as requested by an officer of a
public agency or public utility.
MBR Helicopters stated that these conditions and alternatives are
designed to keep the drivers using the potential exemption from driving
fatigued. MBR Helicopters added that these conditions would ensure that
the drivers authorized to use this exemption have guidelines that would
enable them to use it only when necessary.
VI. Public Comments
On December 18, 2020, FMCSA published notice of the MBR Helicopters
application and requested public comment (85 FR 82574). The Agency
received two comments, both opposing the exemption request. The
Commercial Vehicle Safety Alliance stated the following:
In MBR Helicopters' request they fail to adequately identify how
their drivers will maintain an equivalent level of safety while
operating under extended hours-of-service requirements, which is a
key component to a credible exemption request. Granting this request
would extend the amount of time drivers can operate, exposing them
to higher risk for fatigue and negatively impacting safety. Under
extenuating emergency circumstances, emergency declarations are
issued that waive the hours-of-service requirements for drivers
responding to the emergency. Emergency declarations exist for the
exact reasons outlined in the exemption request, to allow for
operation beyond the current hours-of-service framework when there
is an emergency that requires an expedited response. Short of an
emergency declaration, there isn't a reasonable need for relaxation
of the hours-of-service requirements to the level requested in this
application. FMCSA should deny the exemption request.
Mr. Michael Millard added:
When working wildfires and other emergency activities MBR has
the use of Part 390.23 as applicable to work the emergency based on
its safety protocols. MBR doesn't specify whether or not the eight-
hour break includes a commute time to and from work which makes the
eight hours more like six hours or less. I hope the FMCSA denies
MBR's request. If eight hours were suitable for drivers to get
adequate rest, then the Federal Motor Carrier Safety Regulations
should be revised to accommodate the trucking industry.
VII. FMCSA Safety Analysis and Decision
When the Agency established the HOS rules, it relied upon research
indicating that the requirements improve CMV safety. The HOS
regulations provide a 14-hour window within which all driving must be
completed and, with the exception of the adverse driving clause dna the
sleeper berth provision, all drivers subject to the HOS requirements
must adhere to this restriction which helps to ensure that drivers
remain alert during the work shift. In addition, the current
regulations require that drivers of property-carrying vehicles have 10
consecutive hours off duty at the end of the work shift to ensure
adequate opportunities for recuperative rest prior to the beginning of
the next work shift.
The exemption application does not provide sufficient
countermeasures to enable the Agency to conclude that the exemption
would likely achieve a level of safety equivalent to, or greater than,
the level that would be achieved by complying with the current
regulations. There is no basis to conclude that extending the 14-hour
``driving window'' for the applicant would ensure the requisite level
of safety or that decreasing the mandatory off-duty period would
provide drivers with a sufficient amount of rest.
FMCSA has reviewed MBR's application and the public comments and
has concluded that the requisite level of safety cannot be ensured, for
the reasons discussed above. Accordingly,
[[Page 11117]]
FMCSA denies the request for an exemption.
Robin Hutcheson,
Acting Administrator.
[FR Doc. 2022-04073 Filed 2-25-22; 8:45 am]
BILLING CODE 4910-EX-P
