
[Federal Register: March 9, 2009 (Volume 74, Number 44)]
[Notices]               
[Page 10121-10122]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr09-106]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0010]

 
Hours of Service of Drivers: Redding Air Services, Inc. and 
Guardian Helicopters, Inc., 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 a joint application from 
Redding Air Service, Inc. and Guardian Helicopters, Inc. (Redding/
Guardian) requesting an exemption from certain commercial motor vehicle 
(CMV) driver hours-of-service (HOS) provisions of the Federal Motor 
Carrier Safety Regulations (FMCSRs). The exemption request is for 
Redding/Guardian's CMV drivers who transport jet fuel for their 
helicopters in support of wild-land firefighting operations. They 
specifically request an exemption for 20 drivers from the HOS 
prohibition against driving a CMV after the 70th hour of cumulative on-
duty time in any 8-day period. The exemption, if granted, would enable 
Redding/Guardian drivers to conduct their operations--including 
transportation of jet fuel to and from the firefighting sites--without 
having to comply with the 70-hour in 8-day HOS rule. Redding/Guardian 
believes the exemption would ensure a level of safety equivalent to or 
greater than the level of safety that would be obtained absent the 
exemption. FMCSA requests public comment on the Redding/Guardian 
application for exemption.

DATES: Comments must be received on or before April 8, 2009.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number [FMCSA-2009-0010] by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     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. 
E.T., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov, and follow the 
online instructions for accessing the dockets, or go to the street 
address listed above.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19476) or you may visit http://
DocketInfo.dot.gov.
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal Web site. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket, and we will 
consider late comments to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Bus and Truck Standards and 
Operations; Telephone: 202-366-4325. E-mail: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315 
and 31136(e) to provide authority to grant exemptions from motor 
carrier safety regulations. Under its 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 the safety analyses and the public comments, 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 reason for denying or, in the alternative, the 
specific person or class of persons receiving the exemption, and the 
regulatory provision or provisions from which the exemption is granted. 
The notice must also specify the effective period of the exemption (up 
to 2 years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

Request for Exemption

    The Federal hours-of-service (HOS) regulations in 49 CFR 
395.3(b)(2) prohibit a property-carrying commercial motor vehicle (CMV) 
driver from driving a CMV after having been on duty for 70 cumulative 
hours in any period of 8 consecutive days, if the employing motor 
carrier operates CMVs every day of the week.
    Redding/Guardian's business is primarily in support of wild-land 
firefighting operations within the continental United States in 
conjunction with the U.S. Department of Interior, U.S. Forest Service 
and various State and County agencies. Redding is based in Redding, 
California, and Guardian is based in Van Nuys, California. The two

[[Page 10122]]

companies employ a total of 35 people; however, the requested exemption 
would only apply to full-time, part-time and temporary ground support 
truck drivers employed by Redding/Guardian--no more than 20 drivers. 
Together the two companies operate a total of 10 CMVs, which are the 
ground support vehicles.
    Redding/Guardian operate a fleet of helicopters on both ``Exclusive 
Use'' (EU) and ``Call When Needed'' (CWN) contracts, which call for a 
helicopter, ground support vehicle, pilot and driver/ground support 
technician. The ground support vehicles carry sufficient jet fuel to 
support their respective helicopters, and the primary role of the 
technicians is to support and re-fuel the helicopters. While the 
driving of the ground support vehicle is each individual's secondary 
role, they are still subject to the FMCSRs--including the Part 395 HOS 
rules.
    Redding/Guardian states that their EU contracts--including 
helicopters and ground support vehicles--frequently necessitate sitting 
at a base for weeks at a time and never going anywhere or even flying; 
however, there may be daily extensions due to high fire danger. When 
these extensions do occur, a ground support technician driver may be 
``on-duty, not driving'' for 14 hours in a day for several consecutive 
days at a time, which results in reaching the 70-hour/8-day limit in as 
little as 5 days. According to Redding/Guardian, this includes a 
considerable amount of time just ``sitting around and waiting'' for a 
helicopter dispatch or for the helicopter to land. In addition, their 
CWN contract vehicles will remain away from their primary base of 
operation for weeks at a time, generally remaining in one location, and 
available for dispatch 7 days per week.
    While Redding/Guardian's drivers are just waiting for a helicopter 
dispatch or for the helicopter to land, by being ``available'' and in 
``readiness to work'' they are considered to be ``on-duty, not 
driving'' and therefore subject to the 70-hour in 8-day rule. The 
applicants note that on average, their drivers drive once every few 
days for less than 100 miles, and for the CWN contracts, the ground 
support technician may never drive the fuel vehicle more than 5 miles 
in a day, and that is only to and from the local hotel accommodations.
    The problem arises as Redding/Guardian's drivers can basically run 
out of available hours in 5 days at 14 hours on duty per day--based on 
the 70-hour/8-day rule. They are therefore unable to legally operate a 
CMV on a public road until they have gained enough available hours to 
drive.
    Redding/Guardian state that their ground-support technician-drivers 
are encouraged to stop driving at the onset of fatigue. They further 
claim that if their exemption request is granted, the CMV drivers will 
still not be allowed to exceed the 14-hour duty limit regulation (49 
CFR 395.3(a)(2)). They reason that, based on the fact that their 
drivers are just ``sitting around and waiting,'' they are not becoming 
fatigued, which is the primary reason for the duty limits. Redding/
Guardian contends that these drivers are not stressed or tired.
    Redding/Guardian believes the exemption would achieve a level of 
safety equivalent to, or greater than, the level of safety obtained 
under the current 70-hour/8-day rule because they are firmly committed 
to their goal of zero accidents or incidents and have implemented a 
Comprehensive Safety Program designed to prevent accidents or injuries. 
Both companies also have an approved ``Safety Management System'' that 
includes annual reviews of safety-related issues.
    A copy of the Redding/Guardian exemption application is available 
for review in the docket for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on the Redding/Guardian application for an 
exemption from the ``70-hour/8-day rule'' in 49 CFR Part 395. The 
Agency will consider all comments received by close of business on 
April 8, 2009. Comments will be available for examination in the docket 
at the location listed under the ADDRESSES section of this notice. The 
Agency will consider to the extent practicable comments received in the 
public docket after the closing date of the comment period.

    Issued On: March 3, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E9-4928 Filed 3-6-09; 8:45 am]

BILLING CODE 4910-EX-P
