[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Notices]
[Pages 11115-11117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04073]


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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 (MBR Helicopters); Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of final disposition; denial of application for 
exemption.

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SUMMARY: FMCSA announces its decision to deny the exemption request 
from Mountain Blade Runner Helicopters, LLC (MBR Helicopters) for an 
exemption from the hours-of-service (HOS) regulations for operators of 
its ground support equipment. MBR Helicopters requested relief from the 
14-hour ``driving window'' rule and the requirement that drivers have 
10 consecutive hours off duty at the end of the work shift. The 
exemption would allow drivers of MBR Helicopters' ground support 
equipment a 16-hour window to complete all driving and enable them to 
use an 8-consecutive hour off-duty break, combined with at least 2 
additional off-duty hours during the 16-hour driving window. FMCSA 
analyzed the exemption application and public comments, and determined 
that the application lacked evidence that the exemption would ensure a 
level of safety equivalent to or greater than that which would be 
achieved absent such exemption.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; (202) 366-2722; [email protected]. If you have questions 
on viewing or submitting material to the docket, contact Dockets 
Operations, (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-2020-0144 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 Dockets Operations.

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

[[Page 11116]]

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. Current Regulations

    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) permits a 
driver to 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.

IV. Request for Exemption

    MBR Helicopters requested relief from the 14-hour ``driving 
window'' rule and the requirement that drivers have 10 consecutive 
hours off duty at the end of the work shift. The requested exemption 
would allow drivers of MBR Helicopters' ground support equipment a 16-
hour window within which to complete all driving and enable them to use 
an 8-consecutive hour off-duty break, combined with at least 2 
additional off-duty hours during the 16-hour driving window.
    MBR Helicopters has been serving the utility helicopter industry 
and its customers since 2008 in the State of Colorado and across the 
United States. MBR Helicopters requested this exemption for 
approximately 10 of its drivers of ground support commercial motor 
vehicles (CMVs), all of whom possess commercial driver licenses (CDLs) 
with applicable endorsements. MBR Helicopters currently operates a 
fleet of Class 5 straight trucks and pickup trucks that pull trailers. 
Drivers of ground support equipment are specially trained to refuel, 
rig, reload, and maintain helicopters. They also operate CMVs 
transporting helicopter fuel that requires a CDL with a hazardous 
materials and tank endorsement.
    The driver of an MBR Helicopters ground-support CMV typically 
drives an average of 60 miles one way to a remote landing zone, arrives 
at dawn, performs duties during the day, drives back to an airport to 
refill the tank with helicopter fuel, then drives back to the place of 
lodging near dusk. During the day, ground crew members have relatively 
few duties, allowing 2 or more hours off duty between tasks. This 
schedule varies greatly depending on customer needs. In general, 
however, when not responding to or returning from incidents, work days 
usually last about 8 to 10 hours, including all on-duty and driving 
time.
    MBR Helicopters' contracts with government agencies specify that 
its maintenance personnel must be available for a maximum of 14 hours, 
and that maintenance personnel may extend their duty day to 16 hours. 
The ground crews travel between the helicopter base and the place of 
lodging, thus making it difficult to stay within the 14-hour limit 
because of travel before and after the work day.

V. Method To Ensure an Equivalent or Greater Level of Safety

    To ensure an equivalent level of safety, MBR Helicopters proposed 
the following conditions and alternative HOS provisions:
     MBR Helicopters' drivers would, on average, use the 
exemption once every 2 weeks during the months of April through 
October;
     MBR Helicopters' drivers would not drive after the 16th 
hour after coming on duty;
     MBR Helicopters' drivers would take 8 hours consecutively 
off duty before coming on duty again;
     MBR Helicopters' drivers must have at least 2 hours off 
duty during the16-hour period; and
     MBR Helicopters' drivers must be responding to or 
returning from an active incident as requested by an officer of a 
public agency or public utility.
    MBR Helicopters stated that these conditions and alternatives are 
designed to keep the drivers using the potential exemption from driving 
fatigued. MBR Helicopters added that these conditions would ensure that 
the drivers authorized to use this exemption have guidelines that would 
enable them to use it only when necessary.

VI. Public Comments

    On December 18, 2020, FMCSA published notice of the MBR Helicopters 
application and requested public comment (85 FR 82574). The Agency 
received two comments, both opposing the exemption request. The 
Commercial Vehicle Safety Alliance stated the following:

    In MBR Helicopters' request they fail to adequately identify how 
their drivers will maintain an equivalent level of safety while 
operating under extended hours-of-service requirements, which is a 
key component to a credible exemption request. Granting this request 
would extend the amount of time drivers can operate, exposing them 
to higher risk for fatigue and negatively impacting safety. Under 
extenuating emergency circumstances, emergency declarations are 
issued that waive the hours-of-service requirements for drivers 
responding to the emergency. Emergency declarations exist for the 
exact reasons outlined in the exemption request, to allow for 
operation beyond the current hours-of-service framework when there 
is an emergency that requires an expedited response. Short of an 
emergency declaration, there isn't a reasonable need for relaxation 
of the hours-of-service requirements to the level requested in this 
application. FMCSA should deny the exemption request.

    Mr. Michael Millard added:

    When working wildfires and other emergency activities MBR has 
the use of Part 390.23 as applicable to work the emergency based on 
its safety protocols. MBR doesn't specify whether or not the eight-
hour break includes a commute time to and from work which makes the 
eight hours more like six hours or less. I hope the FMCSA denies 
MBR's request. If eight hours were suitable for drivers to get 
adequate rest, then the Federal Motor Carrier Safety Regulations 
should be revised to accommodate the trucking industry.

VII. FMCSA Safety Analysis and Decision

    When the Agency established the HOS rules, it relied upon research 
indicating that the requirements improve CMV safety. The HOS 
regulations provide a 14-hour window within which all driving must be 
completed and, with the exception of the adverse driving clause dna the 
sleeper berth provision, all drivers subject to the HOS requirements 
must adhere to this restriction which helps to ensure that drivers 
remain alert during the work shift. In addition, the current 
regulations require that drivers of property-carrying vehicles have 10 
consecutive hours off duty at the end of the work shift to ensure 
adequate opportunities for recuperative rest prior to the beginning of 
the next work shift.
    The exemption application does not provide sufficient 
countermeasures to enable the Agency to conclude that the exemption 
would likely achieve a level of safety equivalent to, or greater than, 
the level that would be achieved by complying with the current 
regulations. There is no basis to conclude that extending the 14-hour 
``driving window'' for the applicant would ensure the requisite level 
of safety or that decreasing the mandatory off-duty period would 
provide drivers with a sufficient amount of rest.
    FMCSA has reviewed MBR's application and the public comments and 
has concluded that the requisite level of safety cannot be ensured, for 
the reasons discussed above. Accordingly,

[[Page 11117]]

FMCSA denies the request for an exemption.

Robin Hutcheson,
Acting Administrator.
[FR Doc. 2022-04073 Filed 2-25-22; 8:45 am]
BILLING CODE 4910-EX-P


