Notice2024-15879
Hours of Service of Drivers: Reiman Corp.; Denial of 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 19, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its denial of Reiman Corp.'s (Reiman) request for an exemption from certain hours-of-service (HOS) regulations. Reiman's drivers transport latex embedded cement for use at highway construction sites. Reiman requests that it be allowed to operate under the same HOS exemption provided for "specially trained drivers of commercial motor vehicles that are specially constructed to service oil wells." FMCSA analyzed the application and public comment and determined that Reiman did not demonstrate how the commercial motor vehicle (CMV) operations under such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved in the absence of the exemption.
Full Text
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<title>Federal Register, Volume 89 Issue 139 (Friday, July 19, 2024)</title>
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[Federal Register Volume 89, Number 139 (Friday, July 19, 2024)]
[Notices]
[Pages 58875-58876]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15879]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0195]
Hours of Service of Drivers: Reiman Corp.; Denial of 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 denial of Reiman Corp.'s (Reiman) request
for an exemption from certain hours-of-service (HOS) regulations.
Reiman's drivers transport latex embedded cement for use at highway
construction sites. Reiman requests that it be allowed to operate under
the same HOS exemption provided for ``specially trained drivers of
commercial motor vehicles that are specially constructed to service oil
wells.'' FMCSA analyzed the application and public comment and
determined that Reiman did not demonstrate how the commercial motor
vehicle (CMV) operations under such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved in the absence of the 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#53233632213f3a367d213c313a3d203c3d13373c277d343c25"><span class="__cf_email__" data-cfemail="e6968387948a8f83c89489848f88958988a6828992c8818990">[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
Viewing Comments and Documents
To view comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket
number ``FMCSA-2023-0195'' 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-2023-0195'' in the keyword box, click ``Search,'' and chose the
document to review.
If you do not have access to the internet, you may view the docket
by visiting Dockets Operations at U.S. Department of Transportation,
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 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 the applicant's safety analysis. 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(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. Background
Current Regulatory Requirements
The HOS regulations in 49 CFR part 395 limit the time CMV drivers
may drive and require certain off-duty periods to ensure that
individuals stay awake and alert while driving. Generally, a driver may
not record time as ``off-duty'' unless he or she has been relieved of
all duty and responsibility for the care and custody of the CMV, its
accessories, and its cargo, and is free to pursue activities of his or
her own choosing. Thus, drivers who are waiting, whether at a loading
dock or at a natural gas or oil well site, are generally considered to
be ``on duty.'' Section 395.3(a)(2) provides that ``a driver may not
drive after a period of 14 consecutive hours after coming on-duty
following 10 consecutive hours off-duty.'' However, the FMCSRs provide
an exception to the 14-hour rule for the waiting time of a specific
classification of driver. Section 395.1(d)(2) provides, ``In case of
specially trained drivers of CMVs that are specially constructed to
service oil wells, on-duty time shall not include waiting time at a
natural gas or oil well site. Such waiting time shall be recorded as
`off-duty' for purposes of Sec. Sec. 395.8 and 395.15.'' Section
395.1(d)(2) also provides that the waiting time of these drivers
``shall not be included in calculating the 14-hour period in
Sec. 395.3(a)(2).'' Furthermore, specially trained drivers of such CMVs
are not eligible to use the short-haul operations exemption in
Sec. 395.1(e)(1).
Applicant's Request
Reiman indicated that it is involved in the construction of highway
roads and bridges and not in support of oilfield operations. Reiman
requests an exemption for nine of its drivers from certain HOS
regulations because it considers its operations similar to the oilfield
operations exempted in 49 CFR 395.1(d)(2), including that these drivers
are specially trained to operate vehicles that are specially designed
to transport specific products with vehicle-mounted equipment. The
requested exemption would allow these drivers who transport latex
embedded cement to record waiting time at construction sites as ``off-
duty'' for purposes of 49 CFR 395.8 and 395.15. Further, Reiman would
not include waiting time in calculating the 14-hour period in 49 CFR
395.3(a)(2), and the drivers would not be eligible to use the short-
haul operations provision in Sec. 395.1(e)(1).
Applicant's Method To Ensure an Equivalent or Greater Level of Safety
According to Reiman:
[[Page 58876]]
The company is aware of the risks inherent with the extended
hours of operations and will ensure the driver is not operating the
CMV while fatigued. This will be accomplished by the managers and
on-site project supervisors attending ``Distracted Driving and
Fatigue Awareness'' training, as well as through face-to-face
interactions with the driver(s), the intent being increased
awareness of the drivers mental and physical state.
IV. Public Comments
On November 16, 2023, FMCSA published Reiman's application and
requested public comment (88 FR 11504). The Agency received one
response, a joint comment filed by Advocates for Highway and Auto
Safety and the Truck Safety Coalition in opposition to the requested
exemption. These organizations commented that, ``The basis for seeking
the exemption is no more than the normal daily logistical issues
presented by the Petitioner's daily operations.'' The commenters also
stated that ``Permitting an exemption for any industry or group of
drivers that face waiting times would render the HOS limitations
meaningless at a time when driver fatigue remains a serious safety
issue.''
V. FMCSA Safety Analysis and Decision
FMCSA has evaluated Reiman's application and the public comment and
denies the exemption request. The Agency continues to rely on the
substantial body of HOS research that supported the adoption of the 14-
hour rule (68 FR 22473, April 28, 2003). Fatigue during the workday
represents a significant safety risk if this exemption were granted
because drivers would operate their CMVs after the 14th hour of coming
on duty. The risk of fatigue increases significantly after the 14th
hour of coming on duty, despite miscellaneous off-duty periods during
the work shift.
The applicant did not include alternatives to compliance with the
14-hour rule, such as some other fixed driving window within which all
driving must be completed. The proposed relief from the 14-hour rule
would enable miscellaneous off-duty periods at the construction sites
to be excluded when determining whether the drivers may operate the CMV
during the latter part of the workday. This would create the potential
for fatigued drivers, subject to long workdays and without
consideration of whether the driver had accumulated 14 hours of on-duty
time before completing their driving tasks for the day. The applicant
has not demonstrated that granting the exemption would achieve an
equivalent level of safety to the existing regulation.
For the above reasons, FMCSA denies Reiman's exemption application.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-15879 Filed 7-18-24; 8:45 am]
BILLING CODE 4910-EX-P
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