Hours of Service of Drivers: North Shore Environmental Construction, Inc.; Application for Exemption

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

[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Notices]
[Pages 64925-64927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27338]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0368]


Hours of Service of Drivers: North Shore Environmental 
Construction, Inc.; 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 North 
Shore Environmental Construction, Inc. (North Shore) for exemption from 
the hours-of-service (HOS) regulations for drivers engaged in providing 
direct assistance in environmental emergencies or potential 
environmental emergencies. The applicants request a five-year exemption 
from the ``14-hour rule'' for their drivers engaged in responding to 
environmental emergencies. FMCSA requests public comment on this 
application for exemption.

DATES: Comments must be received on or before January 17, 2019.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2018-0368 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; 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: 
I. Public Participation and Request for Comments

[[Page 64926]]

    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-2018-0368), 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-2018-0368'' 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 (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

    North Shore Environmental Construction, Inc. (North Shore) seeks an 
exemption from the ``14-hour rule'' [Sec.  395.3(a)(2)] for its drivers 
engaged in responding to environmental emergencies. North Shore employs 
12 commercial driver's license (CDL) holders, and its total number of 
commercial motor vehicles (CMVs) is 15. North Shore is a member of the 
Spill Control Association of America. In responding to emergency 
incidents, North Shore's technicians work alongside a mix of both 
private industry and public agencies, and their work often has a direct 
impact on protection of both public safety and the environment. North 
Shore advises that it is contractually required to provide direct 
assistance to responsible parties who are experiencing environmental 
emergencies or potential environmental emergencies. North Shore defines 
an environmental emergency as a sudden threat to the public health or 
the well-being of the environment, arising from the release or 
potential release of oil, radioactive materials, or hazardous chemicals 
into the air, land, or water. North Shore's employees are hybrid 
driver/operator/technicians, so the total on-duty time can be a 
challenge, especially after normal work hours. Other job duties include 
industrial maintenance, spill response, sampling, lab packing and waste 
management. With the current driver shortage, obtaining qualified 
drivers with these additional skills and experience has become 
problematic.
    North Shore is requesting relief from 49 CFR 395.3(a)(2), commonly 
known as the ``14-hour rule.'' North Shore states that the hours-of-
service (HOS) rules have always been an issue for emergency response 
companies. The national shortage of drivers, and in its case, drivers 
with specialized safety and environmental training, has been worsening 
over the last few years, making this a critical issue. North Shore is 
requesting this exemption to allow the company to respond to a release 
or threat of a release of oil and other hazardous materials. North 
Shore is requesting relief from this regulation with the following 
conditions:
     On-duty period will not exceed 4.5 additional hours for 
initial response;
     Any driver who exceeds the 14-hour period would in no case 
exceed a total of 8 hours drive time;
     Drivers would not exceed 70 hours on duty in 8 days;
     Drivers would be required to take 10 hours off duty, 
subsequent to the duty day; and
     All activities would be subject to the electronic logging 
device rule.
    According to North Shore, there would be a significant challenge in 
responding to environmental emergencies if the exemption was not 
granted. The initial response hours are the most critical in an 
environmental emergency and the ability to quickly respond is vital. 
North Shore believes that a tightly managed exemption actually provides 
a risk averse situation by discouraging potentially unmanaged risk 
taking. If the exemption is not granted, there could be a disruption of 
nation/regional commerce activities, including power restoration 
activities and protection of interstate commerce and infrastructure. 
Granting the exemption would mitigate public transportation 
disruptions, much as tow trucks do when moving wrecked or disabled 
vehicles under 49 CFR 390.23(a)(ii)(3).

IV. Method To Ensure an Equivalent or Greater Level of Safety

    North Shore believes that the proposed relief, and the parameters 
in which their drivers operate, would continue to provide the highest 
level of safety and compliance, while carefully responding to incidents 
that threaten public safety and the environment. Safety is always the 
primary objective and guiding principle of all of North Shore's 
business activities as demonstrated by the following:
     North Shore has specific policies on ``fatigue and 
transportation management.''
     Health and safety is paramount for all operations dealing 
with environmental emergencies and would remain the case when utilizing 
the exemption.
     Drivers who utilize this exemption may come back into 
compliance and restart the computation of maximum driving time only 
after 10 hours off duty which starts at the end of their extended hours 
period.
     The exemption would not exempt drivers or the company from 
the requirements relating to the CDL, drug/alcohol testing, hazardous 
materials, size and weight, or State/Federal registration and tax 
requirements.

[[Page 64927]]

     North Shore understands the concepts of risk management 
and mitigation.
     North Shore maintains a multitude of safety, security, 
annual medical surveillance, and training plans, as well as 
comprehensive drug and alcohol programs compliant with multiple DOT 
departments.
     North Shore has vigorous preventative maintenance programs 
specific to the equipment they own and operate.
    North Shore believes an equivalent level of safety will be achieved 
if their drivers are exempt from the requirements as described in this 
notice. The requested exemption is for 5 years. A copy of the 
application for exemption is available for review in the docket for 
this notice.

    Issued on: December 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-27338 Filed 12-17-18; 8:45 am]
 BILLING CODE 4910-EX-P