Hours of Service of Drivers: Mountain Blade Runner Helicopters, LLC; Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
18 December 2020

[Federal Register Volume 85, Number 244 (Friday, December 18, 2020)]
[Notices]
[Pages 82574-82575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27966]



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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0144]


Hours of Service of Drivers: Mountain Blade Runner Helicopters, 
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 requests public comment on Mountain Blade Runner 
Helicopters, LLC's (MBR Helicopters) application for an exemption from 
two provisions of the hours-of-service (HOS) regulations for its ground 
support equipment operators. MBR Helicopters requested relief from the 
14-hour rule and the requirement that drivers have 10 consecutive hours 
off duty at the end of the work shift. The exemption would allow MBR 
Helicopters' ground support equipment operators a 16-hour window within 
which to complete all driving and enable these operators to use an 8-
consecutive hour off-duty break, combined with at least 2 other off-
duty hours during the 16-hour window within which driving would be 
completed, in lieu of taking 10 consecutive hours off duty.

DATES: Comments must be received on or before January 19, 2021.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2020-0144 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Send comments to Dockets Operations, 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: Deliver comments to Dockets 
Operations, West Building, Ground Floor, Room W12-140, 1200 New Jersey 
Avenue SE, between 9 a.m. and 5 p.m., ET, 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 Dockets Operations.
     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 Dockets 
Operations, 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. To be sure someone is 
there to help you, please call (202) 366-9317 or (202) 366-9826 before 
visiting Docket Operations.
    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 Mr. Richard Clemente, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: (202) 366-4225. 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-2020-0144), 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-2020-0144'' 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.

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. 
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)).

III. Background

    Under 49 CFR 395.3(a)(1), a driver may not drive without first 
taking 10 consecutive hours off duty, and 49 CFR 395.3 (a)(2) provides 
that a driver may drive only during a period of 14 consecutive hours 
after coming on duty following 10 consecutive hours off duty. The 
driver may not drive after the end of the 14-consecutive-hour period, 
without first taking 10 consecutive hours off duty.
    MBR Helicopters requested relief from the 14-hour rule and the 
requirement that drivers have 10 consecutive hours off duty at the end 
of the work shift. The exemption would allow MBR Helicopters' ground 
support equipment operators a 16-hour window within which to complete 
all driving and enable these operators to use an 8-consecutive hour 
off-duty break, combined with at least 2 other off-duty hours during 
the 16-hour window

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within which driving would be completed, in lieu of taking 10 
consecutive hours off duty. If granted, the exemption would cover MBR 
Helicopters' commercial motor vehicle (CMV) operators only when they 
are responding to or returning from an active incident as requested by 
an officer of a safety agency or public utility commission or service. 
A copy of the application is included in the docket referenced at the 
beginning of this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315, FMCSA requests public comment 
from all interested persons on MBR'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 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.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-27966 Filed 12-17-20; 8:45 am]
BILLING CODE 4910-EX-P