[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Pages 45976-45978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15170]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0051]


Hours of Service of Drivers: John Olier; Application for 
Exemption

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

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

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to deny the application from John 
Olier requesting an exemption from certain hours of service (HOS) 
regulations including the 11-, 14-, and 70-hour rules with all 
``mandatory break'' periods which would include the 10-hour and 30-
minute break requirements. The applicant requests a

[[Page 45977]]

permanent exemption for himself and believes that his safe driving 
record and experience demonstrate an equivalent level of safety. FMCSA 
analyzed the application and public comments and determined that the 
exemption would not likely 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: Ms. Pearlie Robinson, Driver and 
Carrier Operations Division; Office of Carrier, Driver, and Vehicle 
Safety Standards; FMCSA; 202-366-4225; [email protected]. If you 
have questions on viewing or submitting material to the docket, contact 
Dockets Operations at (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-2023-0051'' 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-2023-0051'' in the keyword box, click ``Search,'' and choose 
the document to review.
    If you do not have access to the internet, you may view the docket 
by visiting Dockets Operations 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(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 maintain a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305(a)). The Agency must 
publish its decision in the Federal Register (49 CFR 381.315(b)). If 
granted, the notice will identify the regulatory provision from which 
the applicant will be exempt, the effective period, and all terms and 
conditions of the exemption (49 CFR 381.315(c)). If the exemption is 
denied, the notice will explain the reasons for the denial (49 CFR 
381.315(c)(2)). 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 limit the time drivers of commercial 
motor vehicles (CMVs) may drive and require certain off-duty periods to 
ensure that individuals stay awake and alert while driving. The HOS 
regulations in 49 CFR 395.3(a)(1) prohibit an individual from 
continuing to drive after 11 hours driving. Further, under 49 CFR 
395.3(a)(2) drivers may not drive after having been on duty for a 
period of 14 consecutive hours until they have been off duty for a 
minimum of 10 consecutive hours, or the equivalent of at least 10 
consecutive hours off duty. Section 395.3(a)(3)(ii) mandates that 
drivers take a 30-minute break after driving for a period of 8 
cumulative hours without at least a 30-minute interruption. The break 
may be satisfied by any non-driving period of 30 consecutive minutes 
(i.e., on-duty not driving, off duty, sleeper berth, or any combination 
of these taken consecutively). 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.

IV. Applicant's Request

    The applicant requests a permanent exemption from 49 CFR 
395.3(a)(1), section 395.3(a)(2), section 395.3(a)(3), section 
395.3(a)(3)(ii), and section 395.3(b)(2). The proposed exemption is 
solely for the applicant. He states that the current regulatory 
requirements which include limitations on driving time and on-duty time 
and require certain rest periods, force him to drive outside of his 
body's healthy circadian rhythm. The applicant asserts that the HOS 
rules create unsafe driving conditions for him, other drivers, and the 
public.

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

    The applicant states that he has never had an accident or incident 
involving safety. He asserts that his prior military experience, which 
trained him to work with little or no sleep periods enables him to 
recognize the warning signs of fatigue and respond appropriately. He 
implies that this training combined with his extensive driving 
experience enable him to safely operate a CMV without complying with 
the HOS regulations. He further asserts that operating under various 
exemptions, such as the exemption for agricultural commodities, for 
more than 75% of his driving time has resulted in less stress, fewer 
disruptions to his schedule, improved health, and improved 
productivity.

VI. Public Comments

    On March 3, 2023, FMCSA published Mr. Olier's application for 
exemption and requested public comment (88 FR 13492). The Agency 
received 113 comments. Although 13 comments focused more on eliminating 
or relaxing the HOS rules than the exemption application, 83 comments 
supported the exemption.
    For example, Richard Fuller wrote, ``As a former US Air Force 
Member myself I think he does deserve the permanent exemption but i 
also think anyone who meets the record with a career as a professional 
driver with a clean slate such as myself since 1990 33 years clean and 
still going deserves this opportunity to work freely in a messed up 
world!'' Jeff Pack wrote, ``As another special operations veteran, we 
have to be in sync with what our body is telling us. Please grant his 
hos application.'' An anonymous individual said, ``You do for one you 
better do all but yeah, I agree with him, your body, you should know 
how your body operate.''
    Seventeen commenters opposed the exemption. An anonymous 
individual, for example, wrote: ``Granting an individual person a 
waiver opens up an area for everyone to seek deregulations of hours of 
service. The rules are in place for a reason and should be enforced 
uniformly.'' Maxwell McManus wrote, ``I implore FMCSA to consider that 
Mr. [Olier] has failed to provide sufficient evidence that his 
operations exempted from the hours of service rules are safer in nature 
or provide a higher level of safety to himself, the general public, and 
the trucking industry as a whole.''
    Joint comments were filed by the Truck Safety Coalition (TSC), 
Citizens

[[Page 45978]]

for Reliable and Safe Highways, and Parents Against Tired Truckers. In 
the joint comment TSC ``strongly requests this inadequately justified 
exemption to HOS 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 in full.''

VII. FMCSA Safety Analysis and Decision

    FMCSA evaluated Mr. Olier's application and public comments. FMCSA 
denies the exemption request. Mr. Olier failed to establish that he 
would likely 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 and reduce the risk of crashes. 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 concurs 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, which is to 
prevent crashes arising out of fatigued driving.
    For the above reasons, John Olier's exemption application is 
denied.

Earl Stanley Adams, Jr.,
Deputy Administrator.
[FR Doc. 2023-15170 Filed 7-17-23; 8:45 am]
BILLING CODE 4910-EX-P


