Hours of Service (HOS) of Drivers; Application for International Association of Movers (IAM) Exemption From the 14-Hour Rule

Larry W. Minor
Federal Motor Carrier Safety Administration
November 19, 2014

[Federal Register Volume 79, Number 223 (Wednesday, November 19, 2014)]
[Notices]
[Pages 68958-68959]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27392]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0407]


Hours of Service (HOS) of Drivers; Application for International 
Association of Movers (IAM) 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 International Association of Movers 
(IAM) has applied for an exemption from FMCSA's regulation prohibiting 
operators of commercial motor vehicles (CMVs) from driving following 
the 14th hour after coming on duty. IAM's exemption request is on 
behalf of all FMCSA-authorized carriers moving household goods, 
regardless of membership in IAM or any other professional society. The 
requested exemption would be used only by drivers who need to move 
their vehicles from the customer's residence or military base to a safe 
place for overnight parking when there are delays in completing the 
job. 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 IAM's application for exemption.

DATES: Comments must be received on or before December 19, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2014-0407 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-14FDMS), 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, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted.

[[Page 68959]]

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 International Association of Movers (IAM) is a global trade 
association representing more than 2,000 companies in over 170 
countries. IAM counts van lines, agents, freight forwarders and brokers 
among its membership base. IAM members move household goods for a 
number of Federal agencies and the public. IAM's members provide 
relocation services throughout North America and at strategic points 
throughout the world.
    IAM 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. IAM's exemption request is on behalf of all 
FMCSA-authorized carriers moving household goods (HHGs), regardless of 
membership in IAM or any other professional society. Under IAM's 
proposal, the exemption would be used only 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 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 would be available during compliance 
reviews.
    IAM contends that operations of its sector of the trucking industry 
are subject to a multitude of unique circumstances not faced by the 
majority of the general property and commodity industry. Customers 
frequently change their plans and expect their movers to accommodate 
these changes. IAM states that the list of potential unforeseen, 
impossible-to-plan-for situations that can cause delay is nearly 
endless. Unanticipated delays, including recently stepped-up security 
checkpoints within military bases and facilities, a homeowner's 
schedule (and level of preparedness for a scheduled move), unusually 
shaped items that need to be packed in-home by the driver and team, and 
the amount of time off-highway driving and irregular routes faced by 
the household goods moving industry are among the many factors that 
require the flexibility requested by IAM. All of these issues can 
change schedules beyond the original plan developed by the mover.
    IAM states that the vast majority of these situations will not 
impact these drivers' ability to complete residential loading or 
unloading jobs within the 14-hour rule. However, when rare, unusual, 
and unforeseen circumstances arise, the 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.
    IAM 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. IAM 
acknowledges that all 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 IAM'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 IAM'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 
December 19, 2014. Comments will be available for examination in the 
docket at the location listed in the ADDRESSES section of this notice.

    Issued on: November 13, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-27392 Filed 11-18-14; 8:45 am]
BILLING CODE 4910-EX-P