Hours of Service of Drivers: Wolfe House Movers, LLC and Wolfe House Movers of Indiana, LLC; Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
18 October 2018

[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Notices]
[Pages 52872-52873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22707]



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DEPARTMENT OF TRANSPORTATION



Federal Motor Carrier Safety Administration



[Docket No. FMCSA-2018-0235]




Hours of Service of Drivers: Wolfe House Movers, LLC and Wolfe 

House Movers of Indiana, LLC; 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 a joint application from 

Wolfe House Movers, LLC and Wolfe House Movers of Indiana, LLC (Wolfe) 

requesting an exemption from the hours-of-service (HOS) regulations for 

drivers operating commercial motor vehicles (CMV) that transport steel 

beams and dollies to and from various job sites for lifting and moving 

buildings. Wolfe requests an exemption to use the 70-hour/8-day rule 

for its CMV operations although the company does not operate CMVs 7 

days a week. FMCSA requests public comment on this application for 

exemption.



DATES: Comments must be received on or before November 19, 2018.



ADDRESSES: You may submit comments identified by Federal Docket 

Management System Number FMCSA-2018-0235 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: For information concerning this 

notice, please contact Ms. Pearlie Robinson, FMCSA Driver and Carrier 

Operations Division; Telephone: (202) 366-4225; 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: 



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-2018-0235), 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-2018-0235'' 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



[[Page 52873]]



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 (up to 5 

years) and explain the terms and conditions of the exemption. The 

exemption may be renewed (49 CFR 381.300(b)).



III. Request for Exemption



    Wolfe House Movers, LLC (USDOT 1279267), and Wolfe House Movers of 

Indiana, LLC (USDOT 1679025) (Wolfe) seek an exemption from the HOS 

requirements of 49 CFR 395.3(b)(1) which prohibits a motor carrier from 

permitting or requiring a driver to drive a property-carrying CMV after 

the driver has been on duty 60 hours within a period of 7 consecutive 

days if the employing motor carrier does not operate CMVs every day of 

the week. Wolfe does not operate CMVs every day of the week and is 

prohibited from using the 70-hour/8-day rule in 49 CFR 395.3(b)(2) for 

its business operations.

    According to Wolfe, its primary line of business is lifting and 

moving buildings. Drivers employed by Wolfe transport steel beams and 

dollies to and from various jobsites where work is performed. Wolfe 

advises that its owners believe that Sunday is a day of rest and 

worship and refuse any business opportunities that would require Sunday 

work.

    Because Wolfe does not conduct business on Sunday, its commericial 

business operations are subject to the 60-hours-in-7-day rule set forth 

in 49 CFR 395.3(b)(1). Due to the geographical spread of its 

operations, Wolfe asserts that the 60 hour limitation is a substantial 

burden. Wolfe explained in its application that the company attempts to 

schedule work so that all crews can be at their home terminal before 

the 60th on-duty hour of the week. However, weather, traffic, or 

jobsite conditions sometimes delay completion of projects causing crews 

to be stranded one or two hours' drive from the home terminal. When 

delays occur relief drivers are sent in non-commercial vehicles to pick 

up stranded drivers so that the drivers who have run out of hours can 

drive back to the home terminal using the non-commercial vehicles while 

the relief drivers return the CMVs to the terminal.

    Wolfe reports that it is a small company and it is difficult to 

have relief drivers available on short notice and it is unproductive 

and costly for the company. Wolfe asserts that the stress and pressure 

associated with approaching the 60-hour cut-off is likely to have a 

detrimental effect on the safety performance of even well-trained and 

well-qualified drivers.

    According to Wolfe, allowing it to use the 70-hour/8-day HOS 

ruleset for all drivers not operating CMVs on Sundays would provide the 

following significant safety benefits:

     The need for relief drivers would be significantly reduced 

or completely eliminated. This would result in fewer on-road miles 

driven (by eliminating the need for a relief driver to drive up to 100 

miles out to pick up the CMV and for the regular driver to drive the 

non-CMV back the same 100 miles). This would also mean that the CMV 

would continue to be driven by the driver most familiar with it, rather 

than a part-time driver.

     Drivers would be less stressed, knowing that they have 

sufficient time to complete their weekly schedule even if they are 

delayed by heavy traffic, weather conditions, etc.

    A copy of Wolfe'ss application for exemption is available for 

review in the docket for this notice.



    Issued on: October 12, 2018.

 Larry W. Minor,

Associate Administrator for Policy.

[FR Doc. 2018-22707 Filed 10-17-18; 8:45 am]

 BILLING CODE 4910-EX-P