Hours of Service of Drivers; Application for American Moving & Storage Association Exemption From the 14-Hour Rule

Larry W. Minor
Federal Motor Carrier Safety Administration
September 9, 2014

[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Notices]
[Pages 53510-53511]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21428]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0342]


Hours of Service of Drivers; Application for American Moving & 
Storage Association Exemption From the 14-Hour Rule

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that the American Moving & Storage Association 
(AMSA) has applied for an exemption for its 3,700 member companies from 
FMCSA's regulation prohibiting operators of commercial motor vehicles 
(CMVs) from driving following the 14th hour after coming on duty. The 
exemption would enable AMSA's drivers to drive their CMVs from a 
residential area, after completion of household goods shipments, to the 
nearest place offering safety and security. In no case would the 
drivers be permitted to drive more than 75 miles or 90 minutes after 
the 14th hour. FMCSA requests public comment on AMSA's application for 
exemption.

DATES: Comments must be received on or before October 9, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2014-0342 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line Federal document management system 
is available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14FDAS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Ms. Pearlie Robinson, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 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). 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,

[[Page 53511]]

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)).

Request for Exemption

    The American Moving and Storage Association (AMSA) is a national 
trade association representing the segment of the motor carrier 
industry that specializes in household goods transportation. AMSA has 
approximately 3,700 household goods carrier members, including national 
and international van lines with agency networks; independent national 
and regional van lines; and local agents affiliated with a van line 
network. AMSA's members provide relocation services throughout North 
America and at strategic points throughout the world.
    AMSA is seeking an exemption from the ``14-hour rule'' in 49 CFR 
395.3(a)(2), which prohibits a property-carrying CMV driver from 
driving a CMV after the 14th hour after coming on duty following 10 
consecutive hours off duty. Under AMSA's proposal, the exemption would 
only be used by drivers who need to move their trucks from the 
customer's residence to a safe place for overnight parking when there 
are delays in completing the job. The overnight parking location would 
offer safety for the occupants of the CMV, security for the CMV and its 
cargo, and avoid creating a safety hazard on local streets. In no case 
would the driver be permitted to drive more than 75 miles or 90 minutes 
after reaching the 14th hour. Upon reaching a safe place to park their 
CMVs, drivers using this exemption would then be required to take 10 
hours off duty before driving again. The driver must notify the motor 
carrier each time the extension is used. These log entries would 
provide verification and a record whenever the exemption is used and be 
available during compliance reviews.
    AMSA contends that operations of its sector of the trucking 
industry are unique, not only in the commodities carried, but also in 
the types of services provided and in how its daily operations are 
conducted. AMSA's drivers spend more time on residential streets than 
at loading docks, and drive irregular routes based on where customers 
live, rather than using established freight lanes between large, 
industrial warehouses.
    Drivers typically spend a great part of their 14-hour driving 
window not driving. Instead, on-duty drivers work in private homes 
supervising the sorting, wrapping and packing of personal items, the 
disassembly and the reassembly of furniture and appliances, and the 
loading and unloading of non-palletized, irregularly shaped, individual 
items and cartons. The needs of customers dictate that most loading/
unloading times start between 8-9 a.m. Consumers frequently change 
their plans and expect their movers to accommodate these changes. The 
list of potential unforeseen, impossible-to-plan-for situations that 
can cause delay is nearly endless. All of these issues can change 
schedules beyond the original plan developed by the mover.
    AMSA states that the vast majority of these situations will not 
impact their drivers' ability to complete residential loading or 
unloading jobs within the 14-hour rule. However, when rare, unusual and 
unforeseen circumstances arise, the 14-hour rule forces drivers nearing 
the end of their 14-hour shifts to choose one of two impractical 
alternatives, either (1) stop a moving crew from completing the loading 
or unloading of a customer's household goods shipment in order to be 
able to drive the moving truck from the customer's residence to a place 
offering safety for the occupants of the CMV, security for the CMV and 
its cargo, and to avoid creating a safety hazard on local streets, or 
(2) permit completion of the loading or unloading, but leave the moving 
truck where it is, typically parked on an unsecured residential street, 
for at least 10 hours before they are permitted to drive again. Neither 
choice permits efficient, effective or safe operation.
    AMSA believes that the requested exemption is comparable to the 
current regulation permitting certain ``short-haul'' drivers an 
increased driving window once per week, and other non-CDL short-haul 
drivers two such extended duty periods per week. The driving 
circumstances experienced under this exemption--the relatively short 
time and distance needed to remove their CMVs from residential areas to 
safe locations--can be analogous to the ``short-haul'' situations. AMSA 
acknowledges that its members and drivers using the requested exemption 
would still be subject to all of the other Federal Motor Carrier Safety 
Regulations, including all other hours-of-service requirements.
    A copy of AMSA's application for exemption is available for review 
in the docket for this notice.
    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA 
requests public comment on AMSA's application for an exemption from 
certain provisions of the driver's HOS rules in 49 CFR part 395. The 
Agency will consider all comments received by close of business on 
October 9, 2014. Comments will be available for examination in the 
docket at the location listed in the ADDRESSES section of this notice.

    Issued on: August 29, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-21428 Filed 9-8-14; 8:45 am]
BILLING CODE 4910-EX-P