Notice2023-25304
Hours of Service of Drivers: Reiman Corp.; 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
November 16, 2023
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces a request from Reiman Corp. for an exemption from certain hours-of-service (HOS) regulations. Reiman Corp.'s drivers transport latex embedded cement for use at highway construction sites. Reiman Corp. requests that it be allowed to operate under the same hours-of-service exception provided for "specially trained drivers of commercial motor vehicles that are specially constructed to service oil wells." FMCSA requests public comment on the applicant's request for exemption.
Full Text
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<title>Federal Register, Volume 88 Issue 220 (Thursday, November 16, 2023)</title>
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[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Notices]
[Pages 78808-78809]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25304]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0195]
Hours of Service of Drivers: Reiman Corp.; Application for
Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces a request from Reiman Corp. for an exemption
from certain hours-of-service (HOS) regulations. Reiman Corp.'s drivers
transport latex embedded cement for use at highway construction sites.
Reiman Corp. requests that it be allowed to operate under the same
hours-of-service exception provided for ``specially trained drivers of
commercial motor vehicles that are specially constructed to service oil
wells.'' FMCSA requests public comment on the applicant's request for
exemption.
DATES: Comments must be received on or before December 18, 2023.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number (FDMS) FMCSA-2023-0195 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,
Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: West Building, Ground Floor,
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
(FMCSA-2023-0195) for this notice. 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.
[[Page 78809]]
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 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, 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 under the ``Department
Wide System of Records Notices'' at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. The comments
are posted without edit and 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 <a href="/cdn-cgi/l/email-protection#19697c786b75707c376b767b70776a7677597d766d377e766f"><span class="__cf_email__" data-cfemail="69190c081b05000c471b060b00071a0607290d061d470e061f">[email protected]</span></a>. 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-2023-0195), 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 <a href="http://www.regulations.gov">www.regulations.gov</a> and put
the docket number ``FMCSA-2023-0195'' 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 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 and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).
III. Applicant's Request
Reiman Corp. indicated that it is involved in the construction of
highway roads and bridges. Reiman Corp. requests an exemption from
certain HOS regulations because it considers its operations similar to
oilfield operations exempted in 49 CFR 391.5(d)(2), including that its
drivers are specially trained to operate vehicles that are specially
designed to transport specific products with vehicle-mounted equipment.
The requested exemption would allow Reiman Corp.'s drivers to record
waiting time at construction sites as ``off-duty'' for purposes of
Sec. Sec. 395.8 and 395.15. Further, waiting time would not be
included in calculating the 14-hour period in Sec. 395.3(a)(2).
However, Reiman Corp.'s specially trained drivers would not be eligible
to use the short-haul operation provisions of Sec. 395.1(e)(1) if the
company were granted this exemption.
A copy of Reiman Corp.'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 Reiman Corp.'s application for
an exemption from certain 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. 2023-25304 Filed 11-15-23; 8:45 am]
BILLING CODE 4910-EX-P
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