Hours of Service of Drivers: John Olier; Application for Exemption, 45976-45978 [2023-15170]
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45976
Federal Register / Vol. 88, No. 136 / Tuesday, July 18, 2023 / Notices
may be revised due to the consideration
of public comments.
Anticipated Permits and Other
Authorizations
Permits and authorizations
anticipated for the project include a
Section 401 water quality certification
and a Section 404 permit under the
Clean Water Act (33 U.S.C. 1344).
FHWA and WisDOT will prepare
evaluations under Section 4(f) of the
USDOT Act of 1966 (23 U.S.C. 138 and
49 U.S.C. 303) and Section 6(f) of the
Land and Water Conservation Fund Act
of 1965 (54 U.S.C. 200302); will perform
consultation under Section 106 of the
National Historic Preservation Act of
1966 (54 U.S.C. 300101–307108)
concurrently with the NEPA
environmental review process; and will
consult with the USFWS in accordance
with Section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et
seq.). FHWA and WisDOT will also
work with Cooperating and
Participating Agencies, to determine if
additional permits or authorizations are
required under these or other
authorities.
ddrumheller on DSK120RN23PROD with NOTICES1
Schedule for the Decision-Making
Process
After this NOI is issued, WisDOT will
coordinate with the Participating and
Cooperating agencies to develop study
documentation and the Draft EIS. The
Draft EIS is anticipated to be issued in
Spring 2024. The combined Final EIS
and Record of Decision is anticipated to
be issued in Fall 2024, within 24
months of the publication of this NOI.
Per 23 U.S.C. 139(d)(10), permits and
authorizations should be completed by
no later than 90 days after the issuance
of the Record of Decision. However, for
this project WisDOT has requested in
accordance with 23 U.S.C.
139(d)(10)(C)(ii) that the 404 permit and
401 water quality certification follow a
different timeline because the
construction date is not expected until
2026 or later.
Description of Agency and Public
Review and Scoping Process
FHWA and WisDOT held public
involvement meetings on September 13
and 14, 2022, to introduce the corridor
study. The agencies also hosted an early
coordination meeting with potential
Cooperating and Participating Agencies
on September 13, 2022. During both the
public and agency meetings FHWA and
WisDOT provided a study overview, the
preliminary NEPA milestone schedule,
and reviewed the preliminary study
purpose and need and alternatives
anticipated to be evaluated during the
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19:16 Jul 17, 2023
Jkt 259001
NEPA process. At the agency
coordination meeting, FHWA and
WisDOT also included a discussion of
the anticipated roles and
responsibilities of Cooperating and
Participating Agencies. FHWA and
WisDOT provided a 30-day comment
period for public and agency input on
preliminary study information provided
in those meetings.
FHWA and WisDOT held a second
agency coordination meeting with
invited Cooperating and Participating
Agencies on January 30, 2023, to present
the range of alternatives and
preliminary impacts associated with
mainline and interchange alternatives.
WisDOT forwarded summaries of the
purpose and need statement and range
of alternatives, as well as a draft
Coordination Plan for Agency and
Public Involvement and draft Impact
Analysis Methodology for a 30-day
comment period between April 26,
2023, and May 26, 2023.
FHWA and WisDOT held a second
round of public involvement meetings
on April 12 and 13, 2023, to present the
range of alternatives and preliminary
impacts for the interstate mainline and
interchanges, as well as two new
potential interchanges at Hoepker Road
on I–39/90/94 and an extension of
Milwaukee Street on I–94, both in the
city of Madison, Dane County.
The public and agency scoping
process is continuing with the
publication of this NOI. WisDOT will
announce the NOI on the study website
and provide a link to a narrated
presentation explaining the scoping
process and opportunities to provide
comments during the scoping process.
Comments from the agencies and the
public are requested within this NOI
comment period; the study purpose and
need and/or the study alternatives may
be revised based on comments received,
as noted below.
Meetings with Cooperating and
Participating Agencies will be held
throughout the environmental review
process. The draft Coordination Plan for
Agency and Public Involvement
included within the NOI Additional
Information document describes how
the public and agencies will continue to
be engaged during EIS development.
The Draft EIS will be available for
public and agency review and comment
prior to the Public Hearing.
Request for Identification of Potential
Alternatives, Information, and
Analyses Relevant to the Proposed
Action
The NOI Additional Information
document includes the preliminary
purpose and need statement,
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preliminary range of alternatives and
the draft Coordination Plan for Agency
and Public Involvement, including the
NEPA milestones and permit schedules.
With this notice, FHWA and WisDOT
request and encourage State, tribal, and
local agencies, and the public to review
the NOI and NOI Additional
Information document and submit
comments on any aspect of the study.
Specifically, agencies and the public are
asked to identify and submit potential
alternatives for consideration and any
information, such as anticipated
significant issues or environmental
impacts and analyses, relevant to the
proposed study for consideration by the
Lead and Cooperating Agencies in
developing the Draft EIS. Any
information presented herein, including
the purpose and need, alternatives, and
anticipated impacts may be revised after
consideration of the comments.
Comments must be received August 17,
2023.
There are several methods to submit
comments as described in the
ADDRESSES section of this notice. Any
questions concerning this proposed
action, including comments relevant to
alternatives, information, and analyses,
should be directed to FHWA or WisDOT
at the physical addresses, email
addresses, or phone numbers provided
in the FOR FURTHER INFORMATION
CONTACT section of this notice.
Authority: 42 U.S.C. 4321 et seq.; 23 U.S.C.
139; 23 CFR part 771.
Glenn D. Fulkerson,
Division Administrator, FHWA Wisconsin
Division, Madison, Wisconsin.
[FR Doc. 2023–15199 Filed 7–17–23; 8:45 am]
BILLING CODE 4910–RY–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 final disposition;
denial of application for exemption.
AGENCY:
FMCSA announces its
decision to deny the application from
John Olier requesting an exemption
from certain hours of service (HOS)
regulations including the 11-, 14-, and
70-hour rules with all ‘‘mandatory
break’’ periods which would include the
10-hour and 30-minute break
requirements. The applicant requests a
SUMMARY:
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Federal Register / Vol. 88, No. 136 / Tuesday, July 18, 2023 / Notices
permanent exemption for himself and
believes that his safe driving record and
experience demonstrate an equivalent
level of safety. FMCSA analyzed the
application and public comments and
determined that the exemption would
not likely achieve a level of safety that
is equivalent to, or greater than, the
level that would be achieved absent
such exemption.
FOR FURTHER INFORMATION CONTACT: Ms.
Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier,
Driver, and Vehicle Safety Standards;
FMCSA; 202–366–4225;
pearlie.robinson@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Dockets
Operations at (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
ddrumheller on DSK120RN23PROD with NOTICES1
Viewing Comments and Documents
To view comments, go to
www.regulations.gov, insert the docket
number ‘‘FMCSA–2023–0051’’ in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click ‘‘View Related Comments.’’
To view documents mentioned in this
notice as being available in the docket,
go to www.regulations.gov, insert the
docket number ‘‘FMCSA–2023–0051’’ in
the keyword box, click ‘‘Search,’’ and
choose the document to review.
If you do not have access to the
internet, you may view the docket by
visiting Dockets Operations 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., 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.
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 maintain a level
of safety equivalent to, or greater than,
the level that would be achieved by the
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19:16 Jul 17, 2023
Jkt 259001
current regulation (49 CFR 381.305(a)).
The Agency must publish its decision in
the Federal Register (49 CFR
381.315(b)). If granted, the notice will
identify the regulatory provision from
which the applicant will be exempt, the
effective period, and all terms and
conditions of the exemption (49 CFR
381.315(c)). If the exemption is denied,
the notice will explain the reasons for
the denial (49 CFR 381.315(c)(2)). The
exemption may be renewed (49 CFR
381.300(b)).
III. Background
Current Regulatory Requirements
To reduce the possibility of driver
fatigue, FMCSA’s HOS regulations in 49
CFR part 395 limit the time drivers of
commercial motor vehicles (CMVs) may
drive and require certain off-duty
periods to ensure that individuals stay
awake and alert while driving. The HOS
regulations in 49 CFR 395.3(a)(1)
prohibit an individual from continuing
to drive after 11 hours driving. Further,
under 49 CFR 395.3(a)(2) drivers may
not drive after having been on duty for
a period of 14 consecutive hours until
they have been off duty for a minimum
of 10 consecutive hours, or the
equivalent of at least 10 consecutive
hours off duty. Section 395.3(a)(3)(ii)
mandates that drivers take a 30-minute
break after driving for a period of 8
cumulative hours without at least a 30minute interruption. The break may be
satisfied by any non-driving period of
30 consecutive minutes (i.e., on-duty
not driving, off duty, sleeper berth, or
any combination of these taken
consecutively). Section 395.3(b)(1)
prohibits drivers for a motor carrier that
does not operate CMVs every day of the
week from driving a CMV after being on
duty for 60 hours during any 7
consecutive days, and section
395.3(b)(2) prohibits drivers for a motor
carrier that operates CMVs every day of
the week from driving a CMV after being
on duty for 70 hours in any 8
consecutive days.
IV. Applicant’s Request
The applicant requests a permanent
exemption from 49 CFR 395.3(a)(1),
section 395.3(a)(2), section 395.3(a)(3),
section 395.3(a)(3)(ii), and section
395.3(b)(2). The proposed exemption is
solely for the applicant. He states that
the current regulatory requirements
which include limitations on driving
time and on-duty time and require
certain rest periods, force him to drive
outside of his body’s healthy circadian
rhythm. The applicant asserts that the
HOS rules create unsafe driving
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Fmt 4703
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45977
conditions for him, other drivers, and
the public.
V. Method To Ensure an Equivalent or
Greater Level of Safety
The applicant states that he has never
had an accident or incident involving
safety. He asserts that his prior military
experience, which trained him to work
with little or no sleep periods enables
him to recognize the warning signs of
fatigue and respond appropriately. He
implies that this training combined with
his extensive driving experience enable
him to safely operate a CMV without
complying with the HOS regulations. He
further asserts that operating under
various exemptions, such as the
exemption for agricultural commodities,
for more than 75% of his driving time
has resulted in less stress, fewer
disruptions to his schedule, improved
health, and improved productivity.
VI. Public Comments
On March 3, 2023, FMCSA published
Mr. Olier’s application for exemption
and requested public comment (88 FR
13492). The Agency received 113
comments. Although 13 comments
focused more on eliminating or relaxing
the HOS rules than the exemption
application, 83 comments supported the
exemption.
For example, Richard Fuller wrote,
‘‘As a former US Air Force Member
myself I think he does deserve the
permanent exemption but i also think
anyone who meets the record with a
career as a professional driver with a
clean slate such as myself since 1990 33
years clean and still going deserves this
opportunity to work freely in a messed
up world!’’ Jeff Pack wrote, ‘‘As another
special operations veteran, we have to
be in sync with what our body is telling
us. Please grant his hos application.’’ An
anonymous individual said, ‘‘You do for
one you better do all but yeah, I agree
with him, your body, you should know
how your body operate.’’
Seventeen commenters opposed the
exemption. An anonymous individual,
for example, wrote: ‘‘Granting an
individual person a waiver opens up an
area for everyone to seek deregulations
of hours of service. The rules are in
place for a reason and should be
enforced uniformly.’’ Maxwell
McManus wrote, ‘‘I implore FMCSA to
consider that Mr. [Olier] has failed to
provide sufficient evidence that his
operations exempted from the hours of
service rules are safer in nature or
provide a higher level of safety to
himself, the general public, and the
trucking industry as a whole.’’
Joint comments were filed by the
Truck Safety Coalition (TSC), Citizens
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45978
Federal Register / Vol. 88, No. 136 / Tuesday, July 18, 2023 / Notices
for Reliable and Safe Highways, and
Parents Against Tired Truckers. In the
joint comment TSC ‘‘strongly requests
this inadequately justified exemption to
HOS requirements be denied in full.
Large truck crash fatalities continue to
increase at an alarming pace, and it is
incumbent on the Department of
Transportation and FMCSA to take
every measure possible to reverse this
trend and affirm life safety as its top
priority by denying the request in full.’’
VII. FMCSA Safety Analysis and
Decision
FMCSA evaluated Mr. Olier’s
application and public comments.
FMCSA denies the exemption request.
Mr. Olier failed to establish that he
would likely maintain a level of safety
equivalent to, or greater than, the level
achieved without the exemption. The
Agency established and enforces the
HOS regulations to keep fatigued drivers
off the public roadways and reduce the
risk of crashes. Research studies
demonstrate that long work hours
reduce sleep and harm driver health,
and that crash risk increases with work
hours. The HOS regulations impose
limits on when and how long an
individual may drive, to ensure that
drivers stay awake and alert, and to
reduce the possibility of cumulative
fatigue. The Agency concurs with
commenters that if it exempts one
individual from the HOS regulations, it
could open the door for a huge number
of similar exemption requests. Such a
result would be inconsistent with a
primary goal of the HOS regulations,
which is to prevent crashes arising out
of fatigued driving.
For the above reasons, John Olier’s
exemption application is denied.
Earl Stanley Adams, Jr.,
Deputy Administrator.
[FR Doc. 2023–15170 Filed 7–17–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0696]
Agency Information Collection
Activity: Availability of Educational
Licensing and Certification Records
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Veterans Benefits
Administration, Department of Veterans
Affairs (VA), is announcing an
opportunity for public comment on the
proposed collection of certain
SUMMARY:
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20:57 Jul 17, 2023
Jkt 259001
information by the agency. Under the
Paperwork Reduction Act (PRA) of
1995, Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
revision of a currently approved
collection, and allow 60 days for public
comment in response to the notice.
DATES: Written comments and
recommendations on the proposed
collection of information should be
received on or before September 18,
2023.
Submit written comments
on the collection of information through
Federal Docket Management System
(FDMS) at www.Regulations.gov or to
Nancy J. Kessinger, Veterans Benefits
Administration (20M33), Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420 or email to
nancy.kessinger@va.gov. Please refer to
‘‘OMB Control No. 2900–0696’’ in any
correspondence. During the comment
period, comments may be viewed online
through FDMS.
FOR FURTHER INFORMATION CONTACT:
Maribel Aponte, Office of Enterprise
and Integration, Data Governance
Analytics (008), 810 Vermont Ave. NW,
Washington, DC 20420, (202) 266–4688
or email maribel.aponte@va.gov. Please
refer to ‘‘OMB Control No. 2900–0696’’
in any correspondence.
SUPPLEMENTARY INFORMATION: Under the
PRA of 1995, Federal agencies must
obtain approval from the Office of
Management and Budget (OMB) for each
collection of information they conduct
or sponsor. This request for comment is
being made pursuant to Section
3506(c)(2)(A) of the PRA.
With respect to the following
collection of information, VBA invites
comments on: (1) whether the proposed
collection of information is necessary
for the proper performance of VBA’s
functions, including whether the
information will have practical utility;
(2) the accuracy of VBA’s estimate of the
burden of the proposed collection of
information; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
the use of other forms of information
technology.
Authority: 10 U.S.C.16136, 38 U.S.C.
3034, 3241, 3323, 3673(d), 3689, 3690
and 38 CFR 21.4209.
Title: Availability of Educational
Licensing and Certification Records,
OMB #2900–0696.
OMB Control Number: 2900–0696.
ADDRESSES:
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Frm 00097
Fmt 4703
Sfmt 4703
Type of Review: Revision of a
currently approved collection.
Abstract: The VA uses this
information to decide whether Veterans
and beneficiaries of educational
assistance have been properly paid, and
whether educational institutions and
organizations, or entities offering
approved licensing and certification
tests are following the applicable
sections of 10 U.S.C. 16136, 38 U.S.C.
3034, 3241, 3323, 3673(d), 3689, 3690
and 38 CFR 21.4209.
Affected Public: Educational
Institutions and Organizations or
Entities.
Estimated Annual Burden: 5,242
hours.
Estimated Average Burden Time per
Respondent: 2 hours (120 minutes).
Frequency of Response: On occasion.
Estimated Number of Respondents:
2,621.
By direction of the Secretary.
Maribel Aponte,
VA PRA Clearance Officer, Office of
Enterprise and Integration/Data Governance
Analytics, Department of Veterans Affairs.
[FR Doc. 2023–15149 Filed 7–17–23; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
National Research Advisory Council;
Reestablishment
Department of Veterans Affairs.
Notice of intent.
AGENCY:
ACTION:
We are giving notice that the
Secretary of Veterans Affairs intends to
reestablish the National Research
Advisory Council for a 2-year period.
The Secretary has determined that the
Committee is necessary and in the
public interest.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Moragne, Committee
Management Office, Department of
Veterans Affairs, Advisory Committee
Management Office (00AC), 810
Vermont Avenue NW, Washington, DC
20420; email at Jeffrey.Moragne@va.gov
or (202) 714–1578.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act,
notice is hereby given that the Secretary
of Veterans Affairs intends to reestablish
the National Research Advisory Council
for two (2) years from the filing date of
the charter’s reestablishment. The
Committee advises the Secretary of
Veterans Affairs and the Under
Secretary for Health (USH) and makes
recommendations on the nature and
scope of research and development
sponsored and/or conducted by the
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Pages 45976-45978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15170]
-----------------------------------------------------------------------
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 final disposition; denial of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to deny the application from John
Olier requesting an exemption from certain hours of service (HOS)
regulations including the 11-, 14-, and 70-hour rules with all
``mandatory break'' periods which would include the 10-hour and 30-
minute break requirements. The applicant requests a
[[Page 45977]]
permanent exemption for himself and believes that his safe driving
record and experience demonstrate an equivalent level of safety. FMCSA
analyzed the application and public comments and determined that the
exemption would not likely achieve a level of safety that is equivalent
to, or greater than, the level that would be achieved absent such
exemption.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and
Carrier Operations Division; Office of Carrier, Driver, and Vehicle
Safety Standards; FMCSA; 202-366-4225; [email protected]. If you
have questions on viewing or submitting material to the docket, contact
Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to www.regulations.gov, insert 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, and click ``View Related Comments.''
To view documents mentioned in this notice as being available in
the docket, go to www.regulations.gov, insert the docket number
``FMCSA-2023-0051'' in the keyword box, click ``Search,'' and choose
the document to review.
If you do not have access to the internet, you may view the docket
by visiting Dockets Operations 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., 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.
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 maintain a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305(a)). The Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)). If
granted, the notice will identify the regulatory provision from which
the applicant will be exempt, the effective period, and all terms and
conditions of the exemption (49 CFR 381.315(c)). If the exemption is
denied, the notice will explain the reasons for the denial (49 CFR
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
III. Background
Current Regulatory Requirements
To reduce the possibility of driver fatigue, FMCSA's HOS
regulations in 49 CFR part 395 limit the time drivers of commercial
motor vehicles (CMVs) may drive and require certain off-duty periods to
ensure that individuals stay awake and alert while driving. The HOS
regulations in 49 CFR 395.3(a)(1) prohibit an individual from
continuing to drive after 11 hours driving. Further, under 49 CFR
395.3(a)(2) drivers may not drive after having been on duty for a
period of 14 consecutive hours until they have been off duty for a
minimum of 10 consecutive hours, or the equivalent of at least 10
consecutive hours off duty. Section 395.3(a)(3)(ii) mandates that
drivers take a 30-minute break after driving for a period of 8
cumulative hours without at least a 30-minute interruption. The break
may be satisfied by any non-driving period of 30 consecutive minutes
(i.e., on-duty not driving, off duty, sleeper berth, or any combination
of these taken consecutively). Section 395.3(b)(1) prohibits drivers
for a motor carrier that does not operate CMVs every day of the week
from driving a CMV after being on duty for 60 hours during any 7
consecutive days, and section 395.3(b)(2) prohibits drivers for a motor
carrier that operates CMVs every day of the week from driving a CMV
after being on duty for 70 hours in any 8 consecutive days.
IV. Applicant's Request
The applicant requests a permanent exemption from 49 CFR
395.3(a)(1), section 395.3(a)(2), section 395.3(a)(3), section
395.3(a)(3)(ii), and section 395.3(b)(2). The proposed exemption is
solely for the applicant. He states that the current regulatory
requirements which include limitations on driving time and on-duty time
and require certain rest periods, force him to drive outside of his
body's healthy circadian rhythm. The applicant asserts that the HOS
rules create unsafe driving conditions for him, other drivers, and the
public.
V. Method To Ensure an Equivalent or Greater Level of Safety
The applicant states that he has never had an accident or incident
involving safety. He asserts that his prior military experience, which
trained him to work with little or no sleep periods enables him to
recognize the warning signs of fatigue and respond appropriately. He
implies that this training combined with his extensive driving
experience enable him to safely operate a CMV without complying with
the HOS regulations. He further asserts that operating under various
exemptions, such as the exemption for agricultural commodities, for
more than 75% of his driving time has resulted in less stress, fewer
disruptions to his schedule, improved health, and improved
productivity.
VI. Public Comments
On March 3, 2023, FMCSA published Mr. Olier's application for
exemption and requested public comment (88 FR 13492). The Agency
received 113 comments. Although 13 comments focused more on eliminating
or relaxing the HOS rules than the exemption application, 83 comments
supported the exemption.
For example, Richard Fuller wrote, ``As a former US Air Force
Member myself I think he does deserve the permanent exemption but i
also think anyone who meets the record with a career as a professional
driver with a clean slate such as myself since 1990 33 years clean and
still going deserves this opportunity to work freely in a messed up
world!'' Jeff Pack wrote, ``As another special operations veteran, we
have to be in sync with what our body is telling us. Please grant his
hos application.'' An anonymous individual said, ``You do for one you
better do all but yeah, I agree with him, your body, you should know
how your body operate.''
Seventeen commenters opposed the exemption. An anonymous
individual, for example, wrote: ``Granting an individual person a
waiver opens up an area for everyone to seek deregulations of hours of
service. The rules are in place for a reason and should be enforced
uniformly.'' Maxwell McManus wrote, ``I implore FMCSA to consider that
Mr. [Olier] has failed to provide sufficient evidence that his
operations exempted from the hours of service rules are safer in nature
or provide a higher level of safety to himself, the general public, and
the trucking industry as a whole.''
Joint comments were filed by the Truck Safety Coalition (TSC),
Citizens
[[Page 45978]]
for Reliable and Safe Highways, and Parents Against Tired Truckers. In
the joint comment TSC ``strongly requests this inadequately justified
exemption to HOS requirements be denied in full. Large truck crash
fatalities continue to increase at an alarming pace, and it is
incumbent on the Department of Transportation and FMCSA to take every
measure possible to reverse this trend and affirm life safety as its
top priority by denying the request in full.''
VII. FMCSA Safety Analysis and Decision
FMCSA evaluated Mr. Olier's application and public comments. FMCSA
denies the exemption request. Mr. Olier failed to establish that he
would likely maintain a level of safety equivalent to, or greater than,
the level achieved without the exemption. The Agency established and
enforces the HOS regulations to keep fatigued drivers off the public
roadways and reduce the risk of crashes. Research studies demonstrate
that long work hours reduce sleep and harm driver health, and that
crash risk increases with work hours. The HOS regulations impose limits
on when and how long an individual may drive, to ensure that drivers
stay awake and alert, and to reduce the possibility of cumulative
fatigue. The Agency concurs with commenters that if it exempts one
individual from the HOS regulations, it could open the door for a huge
number of similar exemption requests. Such a result would be
inconsistent with a primary goal of the HOS regulations, which is to
prevent crashes arising out of fatigued driving.
For the above reasons, John Olier's exemption application is
denied.
Earl Stanley Adams, Jr.,
Deputy Administrator.
[FR Doc. 2023-15170 Filed 7-17-23; 8:45 am]
BILLING CODE 4910-EX-P
