Notice2022-17831
Hours of Service of Drivers: Application for Exemption; Ronnie Brown III
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 19, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces that Ronnie Brown III requests an exemption from the federal hours of service (HOS) and electronic logging device (ELD) regulations in the Code of Federal Regulations. The applicant requests the exemption for himself only for a 5-year period. FMCSA requests public comment on Mr. Brown's request for exemption.
Full Text
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<title>Federal Register, Volume 87 Issue 160 (Friday, August 19, 2022)</title>
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[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Notices]
[Pages 51189-51190]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17831]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0139]
Hours of Service of Drivers: Application for Exemption; Ronnie
Brown III
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), (DOT).
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces that Ronnie Brown III requests an exemption
from the federal hours of service (HOS) and electronic logging device
(ELD) regulations in the Code of Federal Regulations. The applicant
requests the exemption for himself only for a 5-year period. FMCSA
requests public comment on Mr. Brown's request for exemption.
DATES: Comments must be received on or before September 19, 2022.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number (FDMS) FMCSA-2022-0139 by any of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Docket Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> 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.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2022-0139). Note that DOT posts all comments
received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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
Docket 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. As described in the
system of records notice DOT/ALL 14 -FDMS, which can be reviewed at
<a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>, the comments are searchable by
the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-366-2722 or <a href="/cdn-cgi/l/email-protection#4a382329222b382e6429262f272f243e2f0a2e253e642d253c"><span class="__cf_email__" data-cfemail="64160d070c0516004a07080109010a100124000b104a030b12">[email protected]</span></a>. If you have
questions on viewing or submitting material to the docket, contact
Docket 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-2022-0139), indicate the specific section of this
document to
[[Page 51190]]
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 <a href="http://www.regulations.gov">www.regulations.gov</a> and put
the docket number (``FMCSA-2022-0139'') in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(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 of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
III. Applicant's Request
Ronnie Brown III requests a five-year exemption from the Federal
hours of service (HOS) regulations including the following sections:
Sec. 395.3(a)(1), (10 consecutive hour off-duty time requirement);
Sec. 395.3(a)(3)(i), (11-hour driving limit); Sec. 395.3(a)(2), (14-
hour ``driving window''), Sec. 395.3(b)(1) and (2); (respectively, 60
hour in 7 day and 70 hour in 8-day limits) and the electronic logging
device (ELD) regulations in 49 CFR part 395 subpart B. Mr. Brown has
been operating commercial motor vehicles for over 15 years. The
requested exemption is solely for the applicant, who states that the
HOS regulations present ``safety concerns'' and are a ``one size fits
all set of rules.'' He further adds that the ELD and HOS regulations
are a ``control mechanism by the government'' and a violation of his
``constitutional right to free movement.'' He states he ``can safely
drive . . . no matter the amount of sleep [he] get[s] or the length of
drive time.''
A copy of Ronnie Brown III'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 Ronnie Brown III's application
for an exemption from various provisions in the Federal HOS and ELD
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. 2022-17831 Filed 8-18-22; 8:45 am]
BILLING CODE 4910-EX-P
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