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Hours of Service of Drivers: Application for Exemption; Matthew Killmer Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Larry W. Minor Date: 23 February 2023 Subjects: American Government  , Safety, Trucking
Topic: Matthew Killmer |
[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11504-11505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03780]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0013]
Hours of Service of Drivers: Application for Exemption; Matthew
Killmer
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces that Matthew Killmer has requested an
exemption from the hours-of-service (HOS) regulations to allow him to
split his sleeper-berth time into two 5-hour periods. The applicant
indicates that the exemption would allow him to be a more alert and
well rested commercial motor vehicle (CMV) operator and allow him to
find a safe place to park his CMV. FMCSA requests public comment on the
applicant's request for exemption.
DATES: Comments must be received on or before March 27, 2023.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2023-0013 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 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: 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 (FMCSA-2023-0013). 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 20590-0001 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: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-366-2722 or richard.clemente@dot.gov. If you have
questions on viewing or submitting material to the docket, contact
Docket Operations, 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-2023-0013), 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-2023-0013'' in the ``Search'' box, and click
``Search.'' When the new screen appears, click on ``Documents'' button,
then click the ``Comment'' button associated with the latest notice
posted. Another screen will appear, insert the required information.
Choose whether you are submitting your comment as an individual, an
organization, or anonymous. Click ``Submit Comment.''
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 materials received during the comment period.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) 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
[[Page 11505]]
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. Background
Applicant's Request
Matthew Killmer requests an exemption from certain restrictions
imposed in 49 CFR 395.1(g)(1)(i)(D) on the use of the sleeper berth to
accumulate the required off-duty time under 49 CFR 395.3(a)(1). Section
395.1(g)(1)(i)(D), in relevant part, allows a driver operating a CMV
equipped with a sleeper berth to obtain the required 10-hour rest
period in a sleeper berth. To use this provision however, the driver
must use a combination of sleeper berth time of not more than two
periods of either sleeper berth time or a combination of off-duty time
and sleeper berth time totaling ten hours if: (1) neither rest period
is shorter than 2 hours; and (2) one rest period is at least 7
consecutive hours in the sleeper berth; and (3) driving time before and
after each rest period, when added together does not exceed 11 hours
under 395.3(a)(3) and does not violate the 14-hour duty-period limit
under 395.3(a)(2). Mr. Killmer requests that he, and other drivers, be
allowed to shorten the required 7 consecutive hour sleeper berth period
to 5 hours to accumulate the required 10-hour rest period.
A copy of Matthew Killmer's application for exemption is included
in the docket for this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Matthew Killmer's application
for an exemption from the sleeper-berth provision in the HOS
regulations in 49 CFR 395(g)(1)(i)(D). 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. 2023-03780 Filed 2-22-23; 8:45 am]
BILLING CODE 4910-EX-P