Hours of Service of Drivers: Extreme Logistics, LLC, Application for Exemption |
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Topics: Extreme Logistics
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James A. Mullen
Federal Motor Carrier Safety Administration
18 May 2020
[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Notices]
[Pages 29782-29784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10590]
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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 final disposition; granting of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant Extreme Logistics, LLC
(Extreme Logistics) an exemption from the requirement that all driving
be completed within 14 hours of the beginning of the work shift. This
exemption allows the applicant to exclude off-duty and sleeper-berth
time, of any length, from the calculation of the 14-hour driving
window. This exemption is applicable June 28-July 8, each year for
several days prior to and several days following Independence Day
celebrations. FMCSA has determined that the terms and conditions of the
exemption will likely ensure a level of safety equivalent to, or
greater than, the level of safety achieved without the exemption.
DATES: This exemption is effective May 18, 2020 and expires May 19,
2025.
ADDRESSES:
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 Federal Docket Management System
(FDMS) is available 24 hours each day, 365 days each year.
[[Page 29783]]
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
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 the ``Open Docket Folder'' button and choose
the document 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. To be sure
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Docket Operations.
II. 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 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 be likely to 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 granting 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 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)).
III. Request for Exemption
The hours-of-service (HOS) rule in 49 CFR 395.3(a)(2) prohibits a
property-carrying commercial motor vehicle (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 requested an exemption from the 14-hour rule in 49 CFR
395.3(a)(2) so that its drivers would be allowed to exclude off-duty
and sleeper-berth time of any length from the calculation of the 14
hours. This means that driving during a work shift would not be
prohibited until the individual had accumulated 14 hours of on-duty
time, rather than after the 14th hour of coming on duty. The applicant
states that complying with the existing 14-hour rule means that most
shows would require two CDL drivers, 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.
V. Public Comments
On April 18, 2019, the Agency published a notice (84 FR 16324)
requesting public comment on Extreme Logistics' exemption application.
The Agency received one comment from Mr. Michael Millard. Mr. Millard
said that there were seven Extreme Logistic LLCs and five Extreme
Logistics, making it impossible for the public to review the
applicant's data by its business name. The Agency acknowledges that
identifying the company through a name search would be challenging.
However, the application and the notice included the company's unique
USDOT identification number.
VI. FMCSA Decision and Safety Analysis
FMCSA has determined that granting an exemption to Extreme
Logistics, LLC, will likely achieve a level of safety equivalent to or
greater than the level that compliance with the 14-hour rule would
ensure. The Agency has concluded that the annual 11-day exemption
requested by Extreme Logistics is not likely to decrease safety.
Based on the Agency's experience evaluating exemption requests from
fireworks companies responsible for Independence Day celebrations,
pyrotechnicians rarely drive the full 11 hours allowed by the current
regulations. However, in preparing for these celebrations they may need
to be on duty more than 14 consecutive hours and to drive at the end of
that tour of duty. Without an exemption, these pyrotechnician/drivers
would be stranded, often with a CMV partially loaded with fireworks, at
the site of a forthcoming shoot; conversely, the fireworks company
could employ a second CDL holder, operating on a later schedule, to
return the vehicle to a secure location within the 14-hour limit. The
first option poses certain risks to public safety and the second would
significantly increase the costs and logistical complexity of a shoot.
The operational demands of this unique industry appear to minimize
the risk of CMV crashes. In the few days before the Independence Day
celebrations, drivers spend their driving time transporting fireworks
relatively short distances, from the nearest distribution point to the
site of the shoot. Most of their on-duty time after arriving at the
site, however, is devoted to the intricate and potentially dangerous
task of installing, wiring, and double-checking fireworks displays.
Generally, pyrotechnicians drive to the site of the shoot in the
early morning and return late in the evening, thus avoiding much of the
heavy traffic typical of the holiday. After setting up the fireworks
display in daylight, to reduce the risks of mistakes, the
pyrotechnician/drivers typically have several hours off duty in the
late afternoon and early evening, just before the shoot. This enables
them to rest or nap, reducing or eliminating the fatigue caused by the
day's activities, and making their return trip after the shoot, safer
than would otherwise be expected.
In addition to driving at off-peak hours and having an opportunity
for substantial rest periods during their tours of duty,
pyrotechnicians who drive back to a hotel or motel in the 15th or 16th
hours after coming on duty
[[Page 29784]]
will be required to take 10 consecutive hours off duty, like other
drivers. An opportunity for 8 consecutive hours of sleep should
eliminate the possibility of cumulative fatigue the next day.
Although FMCSA believes the 14-hour limit helps to reduce the risks
of drivers operating while fatigued, the current HOS regulations allow
short-haul drivers, who are not required to possess a CDL, a 16-hour
driving window once a week, providing certain conditions are met. The
Agency believes that the requisite level of safety will be ensured by
the limited amount of driving that takes place during any given work
shift, combined with the frequent breaks from the time on task
(driving) and continued compliance with the requirement for 10
consecutive hours off duty at the end of the work shift.
Furthermore, FMCSA conducted a comprehensive review of the motor
carrier's safety performance, which included a review of the Motor
Carrier Management Information System safety records, and inspection
and accident reports submitted to FMCSA by State agencies. Extreme
Logistics possesses an active USDOT registration, minimum required
levels of financial responsibility, and is not subject to an ``imminent
hazard'' or other out-of-service order.
Finally, the carrier is not under investigation by the Pipeline and
Hazardous Materials Safety Administration, the Agency within the
Department responsible for the Federal Hazardous Materials Regulations.
The applicant has a ``satisfactory'' safety rating and a valid
Hazardous Materials Safety Permit from FMCSA.
In consideration of the above, FMCSA grants Extreme Logistics an
exemption from the 14-hour rule covering June 28 through July 8, each
year from 2020 to 2024.
VII. Terms and Conditions of the Exemption
Period of the Exemption
The exemption from 49 CFR 395.3(a)(2) is effective from 12:01 a.m.
June 28 through 11:59 p.m. on July 8 local time, each year through 2024
for the drivers employed by the applicant.
Terms and Conditions of the Exemption
Drivers covered by this exemption may exclude off-duty and sleeper-
berth time of any length from the calculation of the 14-hour limit.
This exemption is limited to the drivers employed by Extreme Logistics.
The conditions of this exemption are as follows:
Drivers must not drive more than 11 hours after
accumulating 14 hours of on-duty time;
Drivers must have 10 consecutive hours off duty following
14 hours on duty prior to beginning a new driving period;
Extreme Logistics must maintain USDOT registration, a
Hazardous Materials Safety Permit (if required), and minimum levels of
public liability insurance, and must not be subject to an ``imminent
hazard'' or other out-of-service (OOS) order issued by FMCSA; and
Each driver covered by the exemption must be in possession
of the exemption document and maintain a valid CDL with required
endorsements, not be subject to an OOS order or suspension of driving
privileges, and meet all physical qualifications required by 49 CFR
part 391.
The carrier and drivers must comply with all other applicable
requirements of the Federal Motor Carrier Safety Regulations (49 CFR
parts 350-399) and Hazardous Materials Regulations (49 CFR parts 105-
180).
Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may adopt the same
exemption with respect to operations in intrastate commerce.
FMCSA Notification
The applicant must notify FMCSA within 5 business days of any
accident (as defined by 49 CFR 390.5) involving the operation of any of
its CMVs while under this exemption. The notification must be emailed
to MCPSD@DOT.GOV and include the following information:
a. Name of the Exemption: ``Extreme Logistics'';
b. Date of the accident;
c. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident;
d. Driver's name and driver's license State, number, and class;
e. Co-Driver's name and driver's license State, number, and class;
f. Vehicle company number and power unit license plate State and
number;
g. Number of individuals suffering physical injury;
h. Number of fatalities;
i. The police-reported cause of the accident;
j. Whether the driver was cited for violation of any traffic laws,
or motor carrier safety regulations; and
k. The total driving time and the total on-duty time of the CMV
driver at the time of the accident.
In addition, if there are any injuries or fatalities, the carrier
must forward the police accident report to MCPSD@DOT.GOV as soon as
available.
Termination
The FMCSA does not believe the drivers covered by this exemption
will experience any deterioration of their safety record. However,
should this occur, FMCSA will take all steps necessary to protect the
public interest, including revoking the exemption. The FMCSA will
revoke the exemption immediately for failure to comply with its terms
and conditions.
James A. Mullen,
Acting Administrator.
[FR Doc. 2020-10590 Filed 5-15-20; 8:45 am]
BILLING CODE 4910-EX-P