Hours of Service of Drivers: John Olier; Application for Exemption, 13492-13493 [2023-04384]
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Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Notices
the applicable CDL testing
requirements.
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VII. Conclusion
Based upon its evaluation of the 10
exemption applications, FMCSA
exempts the following drivers from the
hearing standard; in § 391.41(b)(11),
subject to the requirements cited above:
Elder Berroa (PA)
Joshua Drane (CA)
Jeremy Graslie (AZ)
Geoffrey Head (OH)
Gary Hendrickson (IN)
Timothy Lewey (TX)
Gary MacDonnell (CO)
Ronald Mazzola (MA)
Kenneth Olivo (PA)
Tony Walls (DC)
In accordance with 49 U.S.C.
31315(b), each exemption will be valid
for 2 years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) the person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136, 49
U.S.C. chapter 313, or the FMCSRs.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023–04383 Filed 3–2–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0051]
Hours of Service of Drivers: John
Olier; Application for Exemption
Federal Motor Carrier Safety
Administration (FMCSA), (DOT)
ACTION: Notice of application for
exemption; request for comments.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
FMCSA announces that John
Olier requests an exemption from the
11-, 14-, and 70-hour hours of service
(HOS) regulations along with all
‘‘mandatory break’’ periods which
would include the 10-hour and 30minute break requirements. The
applicant requests a permanent
SUMMARY:
VerDate Sep<11>2014
19:33 Mar 02, 2023
Jkt 259001
exemption for himself and believes that
his safe driving record and experience
demonstrate an equivalent level of
safety. FMCSA requests public comment
on the applicant’s request for
exemption.
DATES: Comments must be received on
or before April 3, 2023.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number (FDMS)
FMCSA–2023–0051 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 Operations, U.S.
Department of Transportation, 1200
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: (202) 493–2251.
Each submission must include the
Agency name and the docket number
(FMCSA–2023–0051) 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, 20590–0001 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 Dockets Operations.
Privacy Act: In accordance with 49
U.S.C. 31315(b), DOT solicits comments
from the public to better inform its
exemption 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 https://
www.transportation.gov/privacy, the
comments are searchable by the name of
the submitter.
FOR FURTHER INFORMATION CONTACT: Ms.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; 202–366–4225 or
pearlie.robinson@dot.gov. If you have
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questions on viewing or submitting
material to the docket, contact Dockets
Operations, 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–2023–0051), 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–2023–0051’’ in the
‘‘Keyword’’ box, and click ‘‘Search.’’
Next, sort the results by ‘‘Posted
(Newer-Older),’’ choose the first notice
listed, click the ‘‘Comment’’ button, and
type your comment into the text box on
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(b) 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
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03MRN1
Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Notices
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 and explain the terms
and conditions of the exemption. The
exemption may be renewed (49 CFR
381.300(b)).
DEPARTMENT OF TRANSPORTATION
III. Applicant’s Request
In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for its
review and approval and invites public
comment. FMCSA requests approval to
renew an ICR titled, ‘‘Training
Certification for Drivers of Longer
Combination Vehicles’’ OMB Control
No. 2126–0026. This ICR relates to
Agency requirements for drivers to be
certified to operate longer combination
vehicles (LCVs), and associated
recordkeeping requirements that motor
carriers must satisfy before permitting
their drivers to operate LCVs. Motor
carriers, upon inquiry by authorized
Federal, State, or local officials, must
produce an LCV Driver-Training
Certificate for each of their LCV drivers.
DATES: Comments on this notice must be
received on or before April 3, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection (IC) should be
sent within 30 days of publication of
this notice to www.reginfo.gov/public/
do/PRAMain. Find this IC by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Ms.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division, DOT,
FMCSA, West Building 6th Floor, 1200
New Jersey Avenue SE, Washington, DC
20590, (202) 366–4225,
pearlie.robinson@dot.gov.
SUPPLEMENTARY INFORMATION:
Title: Training Certification for
Drivers of Longer Combination Vehicles
(LCVs).
OMB Control Number: 2126–0026.
Type of Request: Renewal of an
information collection request.
Respondents: LCV training providers
who train new LCV drivers; drivers who
complete LCV training each year;
IV. Request for Comments
ddrumheller on DSK120RN23PROD with NOTICES1
In accordance with 49 U.S.C.
31315(b), FMCSA requests public
comment from all interested persons on
John Olier’s application for an
exemption from provisions in the
Federal HOS regulations in 49 CFR part
395. 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 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. 2023–04384 Filed 3–2–23; 8:45 am]
BILLING CODE 4910–EX–P
19:33 Mar 02, 2023
[Docket No. FMCSA–2022–0170]
Agency Information Collection
Activities; Renewal of an Approved
Information Collection: Training
Certification for Drivers of Longer
Combination Vehicles
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY:
John Olier requests a permanent
exemption from 49 CFR 395.3(a)(1)—the
requirement for 10 consecutive hours off
duty; section 395.3(a)(2)—the 14 hour
‘‘driving window;’’ section 395.3(a)(3)—
the 11-hour driving time limit; section
395.3(a)(3)(ii)—the 30-minute break
requirement; and section 395.3(b)(2)—
the 70-hours-in-8-day limit.
A copy of Mr. Olier’s application for
exemption is included in the docket for
this notice.
VerDate Sep<11>2014
Federal Motor Carrier Safety
Administration
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13493
current LCV drivers who submit their
LCV Driver-Training Certificate to
prospective employers; and employers
(motor carriers) receiving and
maintaining copies of the LCV DriverTraining Certificates of their drivers.
Estimated Number of Respondents:
52,082, consisting of 240 LCV training
providers, 240 newly-certified LCV
drivers seeking employment, 25,681
currently certified LCV drivers seeking
employment, and 25,921 motor carriers
employing LCV drivers.
Estimated Time per Response: 10
minutes for training providers to
prepare LCV Driver-Training Certificates
for drivers who successfully complete
the LCV training; 5 minutes for newlycertified drivers, as well as 5 minutes
for currently-certified drivers, to
provide LCV Training Certification
documents to motor carriers; and 5
minutes for motor carriers to retain the
LCV training certifications.
Expiration Date: June 30, 2023.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
4,360 hours. The total number of drivers
who will be subjected to these
requirements each year is 25,921, which
consists of 240 newly-certified LCV
drivers seeking employment and 25,681
currently-certified LCV drivers
obtaining new employment. Also, there
are 240 LCV training providers who will
be required to prepare the training
certificates for newly-certified drivers.
Additionally, there are 25,921 (240 +
25,681) motor carriers who will hire the
drivers. The total annual information
collection burden is approximately
4,360 hours = 40 hours for preparation
of LCV Driver-Training Certificates [240
training providers prepare certificates
for drivers successfully completing
training × 10 minutes/60 minutes/hour]
+ 20 hours for newly-certified LCV
drivers seeking employment to provide
certification documents to motor
carriers [240 drivers × 5 minutes/60
minutes/hour] + 2,140 hours for
currently-certified LCV drivers seeking
employment to provide certification
documents to motor carriers [25,681
drivers × 5 minutes/60 minutes/hour] +
2,160 hours for the 25,921 motor
carriers receiving and filing certificates
from the hiring of 240 newly-certified
LCV drivers and the hiring of 25,681
currently-certified LCV drivers [25,921 ×
5 minutes/60 minutes/hour].
Background
An LCV is any combination of a trucktractor and two or more semi-trailers or
trailers that operates on the National
System of Interstate and Defense
Highways (according to 23 CFR 470.107)
and has a gross vehicle weight greater
E:\FR\FM\03MRN1.SGM
03MRN1
Agencies
[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13492-13493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04384]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0051]
Hours of Service of Drivers: John Olier; Application for
Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), (DOT)
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces that John Olier requests an exemption from the
11-, 14-, and 70-hour hours of service (HOS) regulations along with all
``mandatory break'' periods which would include the 10-hour and 30-
minute break requirements. The applicant requests a permanent exemption
for himself and believes that his safe driving record and experience
demonstrate an equivalent level of safety. FMCSA requests public
comment on the applicant's request for exemption.
DATES: Comments must be received on or before April 3, 2023.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number (FDMS) FMCSA-2023-0051 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 Operations, U.S. Department of
Transportation, 1200 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: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2023-0051) 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, 20590-0001 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
Dockets Operations.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption 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
https://www.transportation.gov/privacy, the comments are searchable by
the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-366-4225 or [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations, 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-2023-0051), 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-2023-0051'' in the ``Keyword'' box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, click the ``Comment'' button, and type your
comment into the text box on 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(b) 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
[[Page 13493]]
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 and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).
III. Applicant's Request
John Olier requests a permanent exemption from 49 CFR 395.3(a)(1)--
the requirement for 10 consecutive hours off duty; section
395.3(a)(2)--the 14 hour ``driving window;'' section 395.3(a)(3)--the
11-hour driving time limit; section 395.3(a)(3)(ii)--the 30-minute
break requirement; and section 395.3(b)(2)--the 70-hours-in-8-day
limit.
A copy of Mr. Olier's application for exemption is included in the
docket for this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on John Olier's application for an
exemption from provisions in the Federal HOS regulations in 49 CFR part
395. 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 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. 2023-04384 Filed 3-2-23; 8:45 am]
BILLING CODE 4910-EX-P