Hours of Service of Drivers: PTS Worldwide, Inc.; Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
16 October 2019

[Federal Register Volume 84, Number 200 (Wednesday, October 16, 2019)]
[Notices]
[Pages 55376-55378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22502]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0184]


Hours of Service of Drivers: PTS Worldwide, 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 PTS 
Worldwide, Inc. (PTS) (USDOT 1835654) for an exemption from the hours-
of-service (HOS) requirement that drivers utilizing the sleeper-berth 
(S/B) exception obtain a period of at least 8 consecutive hours in the 
S/B, plus an additional 2 hours either in the S/B, off duty, or any 
combination thereof. PTS transports highly sensitive cargo for the 
Department of Defense (DOD) and proposes that its team drivers be 
permitted to obtain 10 hours in the S/B in two periods, neither less 
than 4 hours long. This would allow the driver to split the required 10 
hours into segments of \4/6\, \5/5\, or \6/4\ hours. FMCSA requests 
public comment on PTS's application for exemption.

DATES: Comments must be received on or before November 15, 2019.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2019-0184 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

[[Page 55377]]

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) 366-4325; 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-2019-0184), 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-2019-0184'' 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 
(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 and 
provide an opportunity for public comment on the request.
    The Agency performs a review of 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 
Agency will publish its decision 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 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

    The Agency's HOS rules (49 CFR part 395) generally require 
operators of commercial motor vehicles (CMVs) transporting property to 
obtain 10 consecutive hours off duty before they can drive again after 
they accumulate the maximum 11 hours of driving or reach the end of the 
14-hour duty period, whichever comes first (49 CFR 395.3). However, 
drivers whose CMV is equipped with a qualifying sleeper berth (S/B) may 
accumulate the equivalent of 10 consecutive hours off duty in two 
separate periods, one of at least 8 (but less than 10) consecutive 
hours in the S/B, and another of at least 2 consecutive hours off duty, 
whether in the S/B, off duty, or any combination thereof. It does not 
matter which of these two periods comes first. When the driver has 
obtained the two qualifying periods, the S/B rule provides the driver 
more on-duty and driving time.
    PTS transports sensitive Department of Defense (DOD) property, 
including ammunition and explosives, in interstate commerce. For 
security reasons, this transportation requires a team of two drivers. 
PTS seeks by exemption to allow its team drivers to split the 
equivalent of 10 hours off duty into two S/B periods, neither less than 
4 hours long. This would allow splits of \4/6\, \5/5\, or \6/4\ hours. 
This request is limited to team operations and is in no way a request 
to apply any such exemption to solo driver operations.
    PTS states that its team drivers travel over 1,100 miles per 24 
hours, and average 60 hours on duty per week. After 5 weeks on the 
road, PTS drivers receive a week off duty at home. PTS asserts that due 
to the nature of its business, these drivers would be more alert if 
allowed to take shorter rest periods in the S/B. It believes that the 
shorter period would allow PTS drivers to obtain nighttime hours in the 
S/B and thereby minimize driver fatigue. PTS states that its vehicle 
and driver safety record is better than the national average and that 
it has one of the best safety, security, and service records of all DOD 
arms and ammunition transporters. All power units are equipped, and any 
new power units will be equipped, with on-board electronic recorders to 
track driving and on-duty time, and all power units are governed to 70 
miles per hour.

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

    To ensure an equivalent level of safety, PTS offers to split 10 
off-duty hours into two periods, neither less than 4 hours long. This 
would allow splits of \4/6\, \5/5\, or \6/4\ hours. In addition, the 
PTS request would be limited to team driver operations. PTS' exemption 
application references a study concerning the effects on sleep that 
found sleeper berth flexibility to be a better choice than consolidated 
daytime sleep when consolidated nighttime sleep is not possible. PTS 
referenced additional studies that identified sleeper berth flexibility 
as a contributor to normalizing sleeping patterns and reducing fatigue. 
PTS requests the exemption be granted for the maximum allowable period 
(5 years). A copy of PTS's application for exemption is available for 
review in the docket for this notice.


[[Page 55378]]


    Issued on: October 9, 2019.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2019-22502 Filed 10-15-19; 8:45 am]
BILLING CODE 4910-EX-P