Notice2022-04073
[Hours of Service of Drivers: Mountain Blade Runner Helicopters, LLC (MBR Helicopters); Application for Exemption
Primary source
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Published
February 28, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 39 (Monday, February 28, 2022)</title>
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[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Notices]
[Pages 11115-11117]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04073]
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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.
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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; <a href="/cdn-cgi/l/email-protection#15585645465155717a613b727a63"><span class="__cf_email__" data-cfemail="074a445754434763687329606871">[email protected]</span></a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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:
<bullet> MBR Helicopters' drivers would, on average, use the
exemption once every 2 weeks during the months of April through
October;
<bullet> MBR Helicopters' drivers would not drive after the 16th
hour after coming on duty;
<bullet> MBR Helicopters' drivers would take 8 hours consecutively
off duty before coming on duty again;
<bullet> MBR Helicopters' drivers must have at least 2 hours off
duty during the16-hour period; and
<bullet> 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
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