Notice2023-15170
Hours of Service of Drivers: John Olier; Application for Exemption
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
July 18, 2023
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 136 (Tuesday, July 18, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Pages 45976-45978]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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; <a href="/cdn-cgi/l/email-protection#67170206150b0e02491508050e091408092703081349000811"><span class="__cf_email__" data-cfemail="82f2e7e3f0eeebe7acf0ede0ebecf1edecc2e6edf6ace5edf4">[email protected]</span></a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 18, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.