Hours of Service of Drivers: R.J. Corman Railroad Services, Cranemasters, Inc., and National Railroad Construction and Maintenance Association, Inc.

Larry W. Minor
Federal Motor Carrier Safety Administration
8 March 2019

[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Notices]
[Pages 8565-8566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04189]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0056]


Hours of Service of Drivers: R.J. Corman Railroad Services, 
Cranemasters, Inc., and National Railroad Construction and Maintenance 
Association, Inc.

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 R.J. 
Corman Railroad Services, Cranemasters, Inc., (``Companies'') and the 
National Railroad Construction and Maintenance Association, Inc. 
requesting a limited exemption from the regulatory hours-of-service 
(HOS) maximum driving time requirements for drivers of property-
carrying vehicles. The applicants request the exemption to enable 
affected railroad employees, subject to the HOS rule, to respond to an 
unplanned event that occurs outside of or extends beyond the employee's 
normal work hours. FMCSA requests public comment on the Companies' 
application for exemption.

DATES: Comments must be received on or before April 8, 2019.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2019-0056 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: 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: 

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-2019-0056), 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-2019-0056'' 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.

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. 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

    R.J. Corman Railroad Services, Cranemasters, Inc., (``Companies'') 
and the National Railroad Construction and Maintenance Association, 
Inc. is requesting an exemption from the HOS regulations in 49 CFR part 
395 for their employees who transport equipment used to clear derailed 
or disabled trains or debris blocking tracks or railroad rights-of-way 
when they are responding to unplanned events that affect interstate 
commerce, service or the safety of railway operations, including 
passenger rail operations.
    The Companies assert that many unplanned events occur outside of 
normal business hours and in many instances the situation is locally 
contained. In that case, while a local government official could 
declare an emergency that would exempt the

[[Page 8566]]

company and its drivers from the HOS regulations, local government 
officials have not done so and it would not be practical for them to do 
so in the future. This is because (1) many unplanned events occur in 
remote locations where it may not be clear who a railroad should 
contact to declare an emergency; (2) more than half of unplanned event 
call times typically occur between 4:00 p.m. and 7:00 .a.m., including 
a large number between midnight and 7:00, making it virtually 
impossible for the railroads to contact an official to request an 
emergency declaration before they request a contractor to respond to 
the unplanned event; and (3) companies likely would not know if such an 
emergency declaration had been made before they respond to a call from 
a railroad.
    In their application, the Companies compare the work of railroad 
employees responding to an emergency situation to that of utility 
service employees responding to an emergency situation. Utility service 
vehicles are exempt from the HOS regulations. According to the 
Companies, the rationale for the utility service vehicle exemption 
applies with equal force to railroad emergency response contractors 
when they respond to unplanned events.
    The Companies are seeking an exemption from the HOS regulations 
only for the time spent by their drivers driving to the site of the 
unplanned event. The term ``unplanned event'' includes, but is not 
limited to some of the following: A derailment; a rail failure or other 
report of dangerous track condition; a disruption to the electric 
propulsion system; a bridge-strike; a disabeled vehicle on the track; a 
train collision; weather and storm-related events; a matter of national 
security; or a matter concerning public safety; a blocked grade 
crossing, etc. The Companies said that the exemption would be narrower 
than the utilility service exemption, which allows drivers to drive 
after they complete work restoring utility service. The Companies wrote 
that they would ensure their drivers would not drive a CMV after 
completing work until the drivers had obtained the required 10 hours or 
34 hours of rest depending on their cumulative hours on duty for the 
day and week. The applicants request the exemption be granted for five 
years.

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

    The Companies state that they have and will continue to take the 
following steps to ensure that safety is not compromised by the 
exemption. The Companies will do the following:
     Ensure drivers will have at least one hour of lead time 
before mobilizing equipment and actively begin driving;
     During one-hour lead time, drivers can participate in 
stretching and light exercise to improve alertness prior to driving;
     Drivers will drive in a convoy using escort vehicles in 
the front and back;
     Vehicles will be equipped with two-way radios and 
supervisors conduct routine radio checks every 30 to 45 minutes 
requiring response from drivers; and
     Ensure supervisors train employees to recognize fatigue 
and that drivers adhere to policy that no driver is required to drive a 
vehicle if feeling fatigued.
    The applicants believe that the exemption, if granted, would not 
pose a safety risk since the drivers drive relatively short distances 
on public roads to get to the site of an unplanned event and do not 
drive after completing work at a site until requisite rest is obtained. 
A copy of the application for exemption is available for review in the 
docket for this notice.

    Issued on: March 1, 2019.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2019-04189 Filed 3-7-19; 8:45 am]
 BILLING CODE 4910-EX-P