Hours of Service of Drivers: Allied Beverage Group L.L.C. (Allied); Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
6 August 2018

[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)]
[Notices]
[Pages 38450-38451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16762]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0182]


Hours of Service of Drivers: Allied Beverage Group L.L.C. 
(Allied); Application for Exemption

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 it has received an application from 
Allied Beverage Group L.L.C. (Allied) for an exemption from the 
requirement that short-haul drivers utilizing the records of duty 
status (RODS) exception return to their normal work-reporting location 
within 12 hours of coming on duty. Allied requests that their company 
drivers be allowed to use the short-haul exception but return to their 
work-reporting location within 14 hours instead of the usual 12 hours. 
The requested exemption would apply to all of Allied's drivers who 
operate commercial motor vehicle (CMV) beverage trucks. FMCSA requests 
public comment on Allied's application for exemption.

DATES: Comments must be received on or before September 5, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2018-0182 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     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, between 9 a.m. and 5 p.m. 
E.T., 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 FDMS is available 24 hours each 
day, 365 days each year.
    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-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-2722. 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: 

[[Page 38451]]

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2018-0182), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2018-0182'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope. FMCSA will consider all comments and material received 
during the comment period and may grant or not grant this application 
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain 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 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)).

III. Request for Exemption

    Allied seeks an exemption from the restriction of the record of 
duty status (RODS) exception for short-haul operations to drivers who 
return to their normal work reporting location within 12 hours [49 CFR 
395.1(e)(1)(ii)(A)]. Specifically, Allied requests that their beverage 
truck delivery drivers be treated the same as drivers operating ready-
mixed concrete delivery vehicles as provided in 49 CFR 
395.1(e)(1)(ii)(B). Section 395.1(e)(1)(ii)(B) states that the driver 
of a ready-mixed concrete delivery vehicle may return to the work-
reporting location and be released from work within 14 consecutive 
hours without losing the short-haul exception. The requested exemption 
would apply to all of Allied's beverage trucks and drivers.
    Allied is an interstate private carrier headquartered in New Jersey 
consisting of 186 vehicles and 198 drivers. The exemption is requested 
to simplify and eliminate the need for paper RODS or the cost of 
installing electronic logging devices needed for the recording of duty 
status between the 12th and 14th hour of duty when utilizing the short-
haul exception for operations within a 100 air-mile radius. Their 
drivers work on a 4-day work week and on occasion and at times during 
peak holiday seasons work past the 12th hour of duty. They are in the 
same town doing multiple stops often crossing town lines only to return 
to complete a stop that was not open or required a specific time 
delivery. To log every event change is a difficult if not impossible 
task. At times the CMV is in a particular area for at most several 
minutes. Employee's total driving time for the day is minimal, with 25-
35 stops--the majority of their time--spent hand unloading their 
products. Allied operates two warehouses in New Jersey, dispatching so 
as to avoid traveling long distances.
    Allied asserts that this exemption would have no impact on the 
safety of its fleet or of the general public, as this is primarily 
about a recording requirement. Its drivers' hours are recorded and 
retained by an automated data processing system and in addition all of 
their vehicles are under a global positioning system tracking system 
provided by Fleetmatics and Roadnet dispatching. Allied continues to 
strive for a safer fleet and the increased safety of the general 
public. Allied is also exploring the possibility of installing an 
onboard event camera system to help the company better monitor its 
vehicles.
    A copy of the Allied's application for exemption is available for 
review in the docket for this notice.

    Issued on: July 27, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-16762 Filed 8-3-18; 8:45 am]
 BILLING CODE 4910-EX-P