Hours of Service of Drivers: Extreme Logistics, LLC, Application for Exemption

Topics:  Extreme Logistics

Larry W. Minor
Federal Motor Carrier Safety Administration
18 April 2019

[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Pages 16324-16326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07784]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0086]


Hours of Service of Drivers: Extreme Logistics, 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 an application from 
Extreme Logistics, LLC (applicant) for an exemption from the 
requirement that drivers of commercial motor vehicles (CMVs) must not 
drive following the 14th hour after coming on duty. The exemption would 
apply solely to the drivers of 12 CMVs employed by the applicant in 
conjunction with staging fireworks shows celebrating Independence Day 
during the period of June 26-July 8, for the next five years (2019-
2024) inclusive. During this period, the CMV drivers employed by the 
applicant would be allowed to exclude off-duty and sleeper-berth time 
of any length from the calculation of the 14 hours. These drivers would 
not be allowed to drive after accumulating a total of 14 hours of on-
duty time, following 10 consecutive hours off duty, and would continue 
to be subject to the 11-hour driving time limit, and the 60-

[[Page 16325]]

and 70-hour on-duty limits. The applicant maintains that the terms and 
conditions of the limited exemption would ensure a level of safety 
equivalent to or greater than the level of safety achieved without the 
exemption.

DATES: May 20, 2019.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2019-0086 using any of the 
following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     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., 
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. If you want acknowledgment that we received 
your comments, please include a self-addressed, stamped envelope or 
postcard or print the acknowledgement page that appears after 
submitting comments on-line.
    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 
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-2019-0086), 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-2019-0086'' 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.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, ``FMCSA-2019-0086'' in the ``Keyword'' box and click 
``Search.'' Next, click ``Open Docket Folder'' button and choose the 
document listed to review. If you do not have access to the internet, 
you may view the docket online by visiting the Docket Management 
Facility in Room W12-140 on the ground floor of the DOT West Building, 
1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 
p.m., e.t., Monday through Friday, except Federal holidays.

Legal Basis

    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 the safety analyses and the public comments, 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 reason for the grant or denial, and, if granted, 
the specific person or class of persons receiving the exemption, and 
the regulatory provision or provisions from which exemption is granted. 
The notice must also specify the effective period of the exemption (up 
to 5 years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

Application for Exemption

    The hours-of-service (HOS) rule in 49 CFR 395.3(a)(2) prohibits a 
property-carrying CMV driver from driving a CMV after the 14th hour 
after coming on duty following 10 consecutive hours off duty. Extreme 
Logistics, LLC (USDOT 1971328) (Applicant) is a fireworks display 
company that employs CMV drivers who hold commercial driver's licenses 
(CDLs) with hazardous materials endorsements. The applicant seeks an 
exemption from the 14-hour rule in 49 CFR 395.3(a)(2) so that drivers 
would be allowed to exclude off-duty and sleeper-berth time of any 
length from the calculation of the 14 hours. The applicant states that 
the basis for the request is the existing FMCSA exemption granted to 
Illumination Fireworks, LLC and ACE Pyro, LLC under Docket No. FMCSA-
2014-0111, from the 14-hour rule. As stated in the applicant's request, 
its CMV drivers hold CDLs with hazardous materials endorsements to 
transport Division 1.3G and 1.4G fireworks in conjunction with the 
setup of firework shows for Independence Day. The applicant states that 
it is seeking the HOS exemption because compliance with the 14-hour 
rule would impose economic hardship on cities, municipalities, and 
themselves. Complying with the existing regulation means that most 
shows would require two drivers,

[[Page 16326]]

significantly increasing the cost of the fireworks display.
    The applicant asserts that without the extra duty period provided 
by the exemption, safety would decline as firework drivers would be 
unable to return to their home base following each show should they 
have fireworks remaining after the display. They would be forced to 
park the CMVs carrying Division 1.3G and 1.4G products in areas less 
secure than the motor carrier's home base.

Method To Ensure an Equivalent or Greater Level of Safety

    As a condition for maintaining the exemption, each motor carrier 
would be required to notify FMCSA within 5 business days of any crash 
(as defined in 49 CFR 390.5) involving the operation of any CMVs under 
this exemption. The applicant advised that its drivers have never been 
involved in an accident and that it does not believe the exemption 
would change that record.
    In the exemption request, the applicant asserts that the 
operational demands of this unique industry minimize the risks of CMV 
crashes. In the last few days before the Independence Day holiday, 
these drivers transport fireworks over relatively short routes from 
distribution points to the site of the fireworks display and normally 
do so in the early morning when traffic is light. The applicant noted 
that during the 2018 Independence Day season, the farthest show from 
its home base was 150 miles. At the site, drivers spend considerable 
time installing, wiring, and checking the safety of fireworks displays, 
followed by several hours of duty in the late afternoon and early 
evening prior to the event. Before beginning another duty day, these 
drivers must take 10 consecutive hours off duty, the same as other CMV 
drivers.
    A copy of the application for exemption is available for review in 
the docket for this notice.

    Issued on: April 11, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-07784 Filed 4-17-19; 8:45 am]
 BILLING CODE 4910-EX-P