[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Notices]
[Pages 19411-19412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07805]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0069]
Hours of Service of Drivers: Timberdoodle Company's Application
for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; denial of application for
exemption.
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SUMMARY: FMCSA announces its denial of Timberdoodle Company's
(Timberdoodle) request for an exemption from section 395.3(b)(1) of the
``Hours of Service [HOS] of Drivers'' regulations (49 CFR part 395).
Section 395.3(b)(1) prohibits the operation of a
[[Page 19412]]
commercial motor vehicle (CMV) by anyone who has accumulated 60 hours
of on-duty time in a period of 7 days. Timberdoodle requested that its
drivers be allowed to exclude from this calculation all on-duty time
other than time actually driving a CMV. FMCSA concluded that
Timberdoodle has not demonstrated how its CMV operations under such an
exemption would be likely to achieve a level of safety equivalent to or
greater than the level of safety that would be obtained in the absence
of the exemption.
DATES: FMCSA denied the application for exemption by letter dated
December 9, 2013, after notice and opportunity for public comment.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office of Bus and Truck Standards and
Operations; Telephone: 202-366-4325. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Docket
You may read background documents or comments filed to the docket
of this application for exemption by going to www.regulations.gov at
any time, or to Room W12-140, DOT Building, 1200 New Jersey Ave. SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
Background
FMCSA has authority under 49 U.S.C. 31315 and 31136(e) to grant
exemptions from certain parts of the FMCSRs. The Agency is required to
publish a notice of each exemption request in the Federal Register [49
CFR 381.315(a)]. FMCSA must provide the public an opportunity to
inspect the information relevant to the application. The Agency must
also provide an opportunity for public comment on the request. FMCSA
reviews the public comments and determines whether granting the
exemption would be likely to achieve a level of safety equivalent to or
greater than the level of safety that would be obtained in the absence
of the exemption (49 CFR 381.305). The decision of the Agency must be
published in the Federal Register with the reasons for denying or
granting the application [49 CFR 381.315(b) and (c)].
Application for Exemption
Timberdoodle uses commercial motor vehicles (CMVs) to transport its
products to conferences and conventions, where it sells them. It wants
to use its CMV drivers as salespersons at these events, but the
definition of ``on duty time'' in 49 CFR 395.2 requires that both the
driving time and the sales time of its drivers be treated as ``on duty
time.'' The result is that Timberdoodle's drivers are frequently
ineligible to drive its CMVs because they have exceeded the limit of 60
hours on duty in a period of 7 consecutive days. Timberdoodle asked for
exemption from Section 395.3(b)(1) and proposed that its drivers be
prohibited from operating a CMV only after they accumulate 60 hours of
driving time in any 7-day period. Thus, ``on duty/not driving'' time
would be removed from the calculation of total hours on duty in a 7-day
period. A copy of Timberdoodle's application for exemption is in Docket
FMCSA-2013-0069.
Public Comments
On May 3, 2013, FMCSA published notice of this application and
asked for public comment (78 FR 26104). Four individuals and Advocates
for Highway and Auto Safety submitted comments. All opposed the
application for exemption.
Agency Decision
FMCSA reviewed Timberdoodle's application and the public comments.
By letter dated December 9, 2013, FMCSA denied the application because
the Agency concluded Timberdoodle's operations were not likely to
achieve a level of safety equivalent to or greater than the level of
safety that would be achieved in the absence of the exemption [49 CFR
381.310(c)(5)]. Its drivers could accumulate up to 98 hours of on-duty
(driving and not driving) time in a 7-day period before other HOS rules
would bar their operation of a CMV.
Timberdoodle did not offer any measures to offset the excessive
driver fatigue that would no doubt be generated by such a schedule.
Further, while Timberdoodle may prefer to operate in the manner
outlined in its application, other practical approaches to its
convention sales that would not require its CMV drivers to exceed the
on-duty limits of 49 CFR 395.3(b)(1) may be available. A copy of the
denial letter is in Docket FMCSA-2013-0069.
Issued on: April 1, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-07805 Filed 4-7-14; 8:45 am]
BILLING CODE 4910-EX-P