Notice2024-15182
Hours of Service of Drivers: McKee Foods Transportation, LLC, 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 10, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces that it has received an application from McKee Foods Transportation, LLC (MFT) for a renewal of its exemption from the hours-of-service regulation pertaining to the use of a sleeper berth. The exemption renewal would allow MFT team drivers to continue taking the equivalent of 10 consecutive hours off duty by splitting sleeper berth time into two periods totaling 10 hours, provided neither of the two periods is less than three hours. MFT currently holds an exemption for the period April 20, 2020, through April 20, 2025. If granted, the renewal of the exemption would be in effect for a period of five years. FMCSA requests public comment on MFT's application for renewal of its exemption.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 132 (Wednesday, July 10, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Notices]
[Pages 56787-56788]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15182]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0071]
Hours of Service of Drivers: McKee Foods Transportation, LLC,
Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for renewal of exemption; request for
comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces that it has received an application from McKee
Foods Transportation, LLC (MFT) for a renewal of its exemption from the
hours-of-service regulation pertaining to the use of a sleeper berth.
The exemption renewal would allow MFT team drivers to continue taking
the equivalent of 10 consecutive hours off duty by splitting sleeper
berth time into two periods totaling 10 hours, provided neither of the
two periods is less than three hours. MFT currently holds an exemption
for the period April 20, 2020, through April 20, 2025. If granted, the
renewal of the exemption would be in effect for a period of five years.
FMCSA requests public comment on MFT's application for renewal of its
exemption.
DATES: Comments must be received on or before August 9, 2024.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2014-0071 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: Dockets Operations, 1200 New
Jersey Avenue SE, West Building, Ground Floor, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
<bullet> Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2014-0071) 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.
Docket: If you do not have access to the internet, you may view the
docket by visiting Docket Operations on the ground floor of 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.
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 at <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</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; FMCSA; 1200 New Jersey Avenue SE, Washington, DC
20590-0001; (202) 366-4225; <a href="/cdn-cgi/l/email-protection#9aeafffbe8f6f3ffb4e8f5f8f3f4e9f5f4dafef5eeb4fdf5ec"><span class="__cf_email__" data-cfemail="85f5e0e4f7e9ece0abf7eae7ecebf6eaebc5e1eaf1abe2eaf3">[email protected]</span></a>. If you have
questions on viewing or submitting material to the docket, contact
Dockets Services, 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-2014-0071), 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
[[Page 56788]]
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 comments online, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and put
the docket number, ``FMCSA-2014-0071'' in the ``Keyword'' box, and
click ``Search.''
When the new screen appears, click on the ``Comment'' 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.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to the
notice, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission that
constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will treat such marked submissions as confidential
under the Freedom of Information Act, and they will not be placed in
the public docket of the notice. Submissions containing CBI should be
sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or
via email at <a href="/cdn-cgi/l/email-protection#7614041f171858115812171e1a1f183612190258111900"><span class="__cf_email__" data-cfemail="adcfdfc4ccc383ca83c9ccc5c1c4c3edc9c2d983cac2db">[email protected]</span></a>. At this time, you need not send a
duplicate hardcopy of your electronic CBI submissions to FMCSA
headquarters. Any comments FMCSA receives not specifically designated
as CBI will be placed in the public docket for this notice.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from certain parts of the 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(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)(1)). If the exemption is
denied, the notice will explain the reason for the denial (49 CFR
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
III. Applicant's Request
MFT has requested a renewal of its exemption ``for the maximum
available period'' from the sleeper berth requirements, which
previously were set forth in 49 CFR 395.1(g)(1)(ii)(A)(1-2). FMCSA
revised the sleeper berth provisions in 2020 so that the relevant
requirements are now in 49 CFR 395.1(g)(1)(ii)(A) and (B) [85 FR
33396]. The exemption renewal would allow MFT team drivers to continue
to take the equivalent of 10 consecutive hours off duty by splitting
sleeper berth time into two periods totaling 10 hours, provided neither
of the two periods is less than 3 hours. MFT team drivers have held
exemptions since 2015.\1\ Copies of the initial request for exemption,
subsequent renewal requests, and all public comments received may be
reviewed at <a href="http://www.regulations.gov">www.regulations.gov</a>.
---------------------------------------------------------------------------
\1\ March 27, 2015, (80 FR 16503); April 20, 2016, (81 FR
23349); and April 20, 2020, (85 FR 21916).
---------------------------------------------------------------------------
IV. Request for Comments
FMCSA requests public comment from all interested persons on MFT's
application to renew its exemption. 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.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-15182 Filed 7-9-24; 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 10, 2024.
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.