Hours of Service (HOS) of Drivers; Applications for Exemption From the 14-Hour Rule

Larry W. Minor
Federal Motor Carrier Safety Administration
July 16, 2015

[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Notices]
[Pages 42161-42162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17433]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-2014-0342 and FMCSA-2014-0407]


Hours of Service (HOS) of Drivers; Applications for Exemption 
From the 14-Hour Rule

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

ACTION: Notice of final dispositions; denial of applications for 
exemption.

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SUMMARY: FMCSA announces its denial of the applications of the American 
Moving & Storage Association (AMSA) and the International Association 
of Movers (IAM) for an exemption that would allow a driver to operate a 
commercial motor vehicle (CMV) after the 14th hour since coming on 
duty. AMSA and IAM are engaged in the movement of household goods by 
CMV. They requested the exemption for their drivers who are delayed at 
a residence beyond the 14th hour and need to move the vehicle to a 
secure location for overnight parking. FMCSA concluded that AMSA and 
IAM did not demonstrate how 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 applications for exemption by letters dated 
April 16 (IAM) and June 8 (AMSA).

FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, FMCSA Driver 
and Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov.

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. 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)).

Application for Exemption

    AMSA and IAM are trade associations representing entities engaged 
in the movement of household goods by CMV. By separate applications, 
they sought exemption from the ``14-hour rule'' in 49 CFR 395.3(a)(2), 
which prohibits a CMV driver from driving a property-carrying CMV after 
the 14th hour after coming on duty following 10 consecutive hours off 
duty. They proposed that the exemption would be used solely by drivers 
who need to drive a moving van from a customer's residence to a safe 
place for overnight parking after the 14th hour of their duty day has 
elapsed. AMSA and IAM stated that unexpected delays during the day 
result in this predicament. They further stated that movement of CMVs 
from residential areas to overnight parking eliminates the safety 
hazard created when vans are parked in residential neighborhoods, and 
ensures the security of household goods in the moving vans. AMSA and 
IAM proposed that the exemption limit CMV driving after the 14th hour 
to 75 miles or 90 minutes.

Public Comments

    On September 9, 2014, FMCSA published notice of the AMSA 
application and asked for public

[[Page 42162]]

comment (79 FR 53510). Four individuals and Advocates for Highway and 
Auto Safety submitted comments. All opposed the application for 
exemption. On November 19, 2014, FMCSA published notice of the IAM 
application and asked for public comment (79 FR 68958). Ten commenters 
supported the application and five opposed it.

Agency Decision

    The Agency's decision is based upon the information provided by the 
applicants, review of the comments received in response to the Federal 
Register notices, and the substantial body of HOS research the FMCSA 
relied upon to implement the 14-hour rule (68 FR 22473, April 28, 
2003). The applicants for exemption did not offer any measures to 
offset the excessive fatigue to which CMV drivers operating beyond the 
14th hour would be subjected. Furthermore, the applications did not 
limit how often the proposed exemption could be used. The FMCSA must 
therefore deny the applications for exemption.
    The Agency denied the IAM and AMSA applications by letters dated 
April 16, 2015, and June 8, 2015, respectively. In each case, the 
Agency concluded that CMV operations under the exemption 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)]. Copies of the denial letters are in the 
respective dockets.

    Issued on: July 9, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-17433 Filed 7-15-15; 8:45 am]
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