[Federal Register Volume 88, Number 12 (Thursday, January 19, 2023)]
[Notices]
[Pages 3458-3459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00975]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0139]


Hours of Service of Drivers: Application for Exemption; Ronnie 
Brown III

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

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

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SUMMARY: FMCSA announces its decision to deny the application from 
Ronnie Brown III requesting an exemption from five provisions of the 
Federal hours of service (HOS) regulations and the electronic logging 
device (ELD) regulations. FMCSA analyzed the application and public 
comments and determined that the exemption would not achieve a level of 
safety that is equivalent to, or greater than, the level that 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 or [email protected]. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number ``FMCSA-2022-0139'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``View Related Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2022-0139'' in the keyword box, click ``Search,'' and chose the 
document to review.
    If you do not have access to the internet, you may view the docket 
by visiting Dockets Operations 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., 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.

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 (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

Current Regulatory Requirements

    To reduce the possibility of driver fatigue, FMCSA's HOS 
regulations in 49 CFR part 395 place limits on the amount of time 
drivers of commercial motor vehicles (CMVs) may drive. The HOS 
regulations in 49 CFR 395.3(a)(1) prohibit an individual from driving 
again after 11 hours driving or 14 hours on duty until they have been 
off duty for a minimum of 10 consecutive hours, or

[[Page 3459]]

the equivalent of at least 10 consecutive hours off duty. Under 49 CFR 
395.3(a)(2)--commonly referred to as the 14-hour ``driving window''--a 
driver has 14 consecutive hours in which to drive up to 11 hours after 
being off duty for 10 or more consecutive hours. Section 395.3(b)(1) 
prohibits drivers for a motor carrier that does not operate CMVs every 
day of the week from driving a CMV after being on duty for 60 hours 
during any 7 consecutive days, and section 395.3(b)(2) prohibits 
drivers for a motor carrier that operates CMVs every day of the week 
from driving a CMV after being on duty for 70 hours in any 8 
consecutive days. The ELD regulations in 49 CFR part 395, subpart B, 
specify minimum performance and design standards and requirements for 
the mandatory use of these devices by drivers currently required to 
prepare HOS records of duty status.

Applicant's Request

    Ronnie Brown III requests a five-year exemption from 49 CFR 
395.3(a)(1), section 395.3(a)(3)(i), section 395.3(a)(2), section 
395.3(b)(1) and (2), and the ELD regulations in 49 CFR part 395 subpart 
B. The applicant is a CMV operator who drives for Gray Transportation 
in Waterloo, Iowa, and has been driving for 15 years. The requested 
exemption is solely for Mr. Brown. The applicant states that the HOS 
regulations create ``safety concerns'' because they do not always 
coincide with his natural sleep patterns and are a ``one size fits all 
set of rules.'' He further adds that he ``can safely drive . . . no 
matter the amount of sleep [he] get[s] or the length of drive time.''

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

    The applicant believes that his level of safety under the 
exemption, if granted, would be better than he could achieve by 
complying with the HOS and ELD regulations because he will receive the 
proper rest needed when he needs it. He states that he can safely drive 
and knows when he is tired and does not push beyond his limits of 
safety, regardless of the amount of sleep he gets or the length of 
drive time. He states that he always maintains a safe distance from 
other vehicles, has an excellent driving record, and has never been 
involved in a preventable crash.

V. Public Comments

    On August 19, 2022, FMCSA published Mr. Brown's application and 
requested public comment [87 FR 51189]. The Agency received 1,223 
comments, nearly all filed by individual drivers and owner-operators. 
Of that total, 587 comments supported the request, 119 opposed it, and 
another 515 commenters offered no position either for or against the 
request, but instead submitted general comments on the HOS and ELD 
regulations. Joint comments in opposition to the exemption were filed 
by the Truck Safety Coalition, Citizens for Reliable and Safe Highways 
(CRASH), and Parents Against Tired Truckers (PATT). The AFL-CIO/
Transportation Trades Division (TTD) also opposed the exemption 
request. The Truck Safety Coalition stated: ``[we] strongly request 
this inadequately justified exemption to HOS and ELD requirements be 
denied in full. Large truck crash fatalities continue to increase at an 
alarming pace, and it is incumbent on the Department of Transportation 
and FMCSA to take every measure possible to reverse this trend and 
affirm life safety as its top priority by denying the request.'' The 
AFL-CIO/TTD urged FMCSA to reject the request, stating, ``While we are 
sensitive to the needs of drivers, it is simply irresponsible to 
address concerns with HOS and ELD regulations by wholesale exempting 
particular individuals from these important safeguards.''
    Other general ``themes'' from those who opposed the request 
included that: (1) there is no data provided for an equivalent level of 
safety; (2) HOS rules do save lives and are there for everyone's 
safety; (3) this request cannot be granted for individuals; (4) if the 
Agency granted this exemption for one individual, then FMCSA must grant 
it for everyone; and (5) drivers can utilize the provision in 49 CFR 
392.3 if they feel ill or fatigued. Many of the commenters said that if 
the exemption were granted, they and numerous others would apply for a 
similar exemption. Others provided general comments requesting changes 
to many facets of the HOS and ELD regulations.

VI. FMCSA Safety Analysis and Decision

    FMCSA evaluated Mr. Brown's application and the public comments and 
denies the exemption request. Mr. Brown failed to establish that he 
would maintain a level of safety equivalent to, or greater than, the 
level achieved without the exemption. The Agency established and 
enforces the HOS regulations to keep fatigued drivers off the public 
roadways. Research studies demonstrate that long work hours reduce 
sleep and harm driver health and that crash risk increases with work 
hours. The HOS regulations impose limits on when and how long an 
individual may drive to ensure that drivers stay awake and alert and to 
reduce the possibility of cumulative fatigue. The Agency agrees with 
commenters that if it exempts one individual from the HOS regulations, 
it could open the door for a huge number of similar exemption requests. 
Such a result would be inconsistent with a primary goal of the HOS 
regulations.
    For the above reasons, FMCSA denies Ronnie Brown's exemption 
application.

Robin Hutcheson,
Administrator.
[FR Doc. 2023-00975 Filed 1-18-23; 8:45 am]
BILLING CODE 4910-EX-P


