Hours of Service of Drivers: Palmetto State Armory; Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
14 November 2019

[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Notices]
[Pages 61964-61965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24722]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0188]


Hours of Service of Drivers: Palmetto State Armory; 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 
Palmetto State Armory (PSA) requesting an exemption to increase the 100 
air-mile radius in ``short-haul operations,'' to 150 air-miles for its 
drivers. PSA requests the exemption to permit two of its commercial 
motor vehicle (CMV) drivers to record hours of servie on time records 
instead of record of duty status (RODS) when operating between 100 and 
150 air miles. FMCSA requests public comment on PSA's application for 
exemption.

DATES: Comments must be received on or before December 16, 2019.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2019-0188 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-

[[Page 61965]]

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-2019-0188), 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-2019-0188'' 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

    Drivers qualifying for the HOS short-haul exception in 49 CFR 
395.1(e)(1) do not have to maintain a record of duty status (RODS), 
provided that (among other things) they operate within a 100 air-mile 
radius of their normal work reporting location and return to that 
location and are relased from work within 12 hours after coming on 
duty. A driver who exceeds the 100 air-mile radius or the 12-hour limit 
loses the short-haul exception and must immediately prepare RODS for 
the entire day, or use an electronic logging device (ELD) if the driver 
is required to prepare RODS for more than eight days in a thirty day 
period, per 49 CFR 395.8(a)(1)(i).
    PSA is requesting an exemption to increase the 100 air-mile radius 
in 49 CFR 395.1(e)(1) to 150 air-miles for its drivers. This proposed 
exemption would enable the drivers not exceeding the 150 air-mile 
radius to utilize time records instead of a RODS for that day.
    PSA reported in its application that drivers pick up and deliver 
products between manufacturing facilities, many of whom are sister 
companies. Drivers also drive to PSA retail stores. They drive for 
short periods of time, usually less than two hours between stops. These 
stops or deliveries allow the driver to remain alert. All drivers 
operate property-carrying CMVs within 150 air-miles and return to their 
work reporting location at the end of each day.
    PSA wrote that current operations include trips between 103 and 109 
air-miles. PSA contends that the use of ELDs or maintaining driver logs 
adds substantial costs to its operation and does not increase the level 
of safety. PSA requests that the exemption cover the maximum allowable 
duration of 5 years.

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

    To ensure an equivalent level of safety PSA offers monitoring CSA 
safety management scores, managing hours of service, requiring both 
pre-trip and post-trip vehicle inspection, as well as training in 
defensive driving. PSA reports that its CSA safety management scores 
are zero in all seven categories; with no recordable accidents during 
the past 24 months. A copy of the application for exemption is 
available for review in the docket for this notice.

    Issued on: November 6, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-24722 Filed 11-13-19; 8:45 am]
 BILLING CODE 4910-EX-P