Hours of Service (HOS) of Drivers: Small Business in Transportation Coalition (SBTC) Application for Exemption From ELD and Certain HOS Requirements

Larry W. Minor
Federal Motor Carrier Safety Administration
11 March 2020

[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Notices]
[Pages 14289-14291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04939]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0097]


Hours of Service (HOS) of Drivers: Small Business in 
Transportation Coalition (SBTC) Application for Exemption From ELD and 
Certain HOS Requirements

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 the Small Business in Transportation 
Coalition (SBTC) has applied for an

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exemption from the electronic logging device (ELD) requirements for 
commercial motor vehicle (CMV) drivers traveling with domestic animals, 
in interstate commerce. SBTC also requests an exemption from the hours-
of-service requirements, allowing these drivers to drive up to 13 hours 
during a driving shift and up to 16 hours from the beginning of the 
work shift, following 10 consecutive hours off duty. FMCSA requests 
public comment on SBTC's application for exemption.

DATES: Comments must be received on or before April 10, 2020.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2020-0097 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., 
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: DOT solicits comments from the public to better inform 
its rulemaking and exemption review processes. 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-2020-0097), 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 comments online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2020-0097'' 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 and may grant or not grant this application 
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31315(b) to grant exemptions 
from certain parts of the 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. 
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 and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

II. Background

Current Regulations

    Generally, individuals may not drive a property-carrying CMV more 
than 11 hours during a work shift, following 10 consecutive hours off 
duty. Under the current regulations all driving must be completed 
within 14 hours of the beginning of the work shift. (See 49 CFR 395.3.)
    Drivers who are required to prepare and maintain records of duty 
status (RODS) to document their hours of service must generally use 
electronic logging devices (ELDs). (See 49 CFR 395.8.)

SBTC Exemption Application

    SBTC requests that drivers of property-carrying CMVs, when 
accompanied by any domestic animal, be exempt from the requirement to 
use ELDs for their RODS (49 CFR 395.8). These drivers would prepare and 
maintain paper RODS as an alternative.
    SBTC also requests that drivers of property-carrying vehicles 
accompanied by any domestic animal be granted an exemption from 49 CFR 
395.3(a)(2) and (3)(i), allowing them to drive up to 13 hours during a 
work shift, following 10 consecutive hours off-duty. The exemption 
would allow them a 16-hour driving window within which to use the 13 
hours of driving time. A copy of the exemption application has been 
placed in the docket referenced at the beginning of this notice.

III. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on SBTC's application for an 
exemption. All comments received before the close of business on the 
comment closing date indicated at the beginning of this notice

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will be considered and will be available for examination in the docket 
at the location listed under the ADDRESSES section of this notice. 
Comments received after the comment closing date will be filed in the 
public docket and will be considered to the extent practicable. In 
addition to late comments, FMCSA will also continue to file, in the 
public docket, relevant information that becomes available after the 
comment closing date. Interested persons should continue to examine the 
public docket for new material.

    Issued on: March 6, 2020.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-04939 Filed 3-10-20; 8:45 am]
 BILLING CODE 4910-EX-P