Hours of Service of Drivers: Kentucky Equipment Distributors (KED); Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
23 October 2019

[Federal Register Volume 84, Number 205 (Wednesday, October 23, 2019)]
[Notices]
[Pages 56886-56887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23085]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0192]


Hours of Service of Drivers: Kentucky Equipment Distributors 
(KED); 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 an application from 
Kentucky Equipment Distributors (KED) requesting an exemption from the 
requirement that drivers of commercial motor vehicles (CMVs) qualifying 
for the ``short-haul--100 air-mile radius driver'' exception must 
return to the original work reporting location within 12 hours of 
coming on duty. KED asks that its short-haul CMV drivers be permitted 
to return within 14 hours instead of 12 without losing their short-haul 
status. FMCSA requests public comment on KED's application for 
exemption.

DATES: Comments must be received on or before November 22, 2019.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2019-0192 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 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.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. 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, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line FDMS is available 24 hours each 
day, 365 days each year.
    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 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; Telephone: (202) 366-4325; Email: MCPSD@dot.gov. If 
you have questions on viewing or submitting material to the docket, 
contact Docket Services, 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-2019-0192), 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 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-2019-0192'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. 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

[[Page 56887]]

like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope. FMCSA will consider all comments 
and material received during the comment period and may grant or not 
grant this application based on your comments.

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. Request for Exemption

    Drivers qualifying for the hours-of-service (HOS) short-haul 
exception in 49 CFR 395.1(e)(1) do not have to maintain a record of 
duty status (RODS) on board the vehicle. However, such drivers must 
return to their normal work reporting location and be released from 
work within 12 hours after coming on duty. A driver who exceeds the 12-
hour limit loses the short-haul exception and must immediately prepare 
RODS for the entire day, often by means of an electronic logging device 
(ELD)(49 CFR 395.8(a)(1)(i)). KED is requesting that its short-haul CMV 
drivers be permitted to return within 14 hours instead of 12 without 
losing their short-haul status.
    Kentucky Equipment Distributors (KED) is comprised of several large 
machinery distributors operating in several states whose fleet focuses 
on agriculture, construction, mining, as well as road paving. KED 
includes seven companies and approximately 3,500 employees. The 
requested exemption would apply to short-haul drivers engaged in the 
transportation and repair of equipment and machinery. KED drivers 
generally meet the requirements of the short-haul operations exception, 
though they may occasionally take more than 12 hours to return and be 
released from their work reporting location. The requested increase to 
14 hours will ensure KED drivers meet the requirements of the short-
haul operations exception.
    KED companies currently own and operate 431 vehicles that fall 
under the HOS regulations in 49 CFR part 395. Most of the vehicles are 
field service and parts delivery trucks. Duties associated with these 
vehicles enable the company to bring their shop/tools to the piece of 
equipment needing servicing versus having to transport the equipment 
back to the shop. KED's drivers perform duties such as but not limited 
to: onsite repairs, hauling parts and components, as well as routine 
maintenance. The vehicles are primarily utilized for haulage of 
equipment and tooling as relates to their primary use versus 
utilization for long-haul trucking.
    Operators and owners within KED operate a series of large delivery 
vehicles and are not classified as long-haul drivers. All KED drivers 
perform a great deal of work outside of the vehicle, unlike drivers 
whose extended time behind the wheel makes them susceptible to fatigue. 
KED requests that these vehicles, which are like ready-mixed concrete 
and oilfield operational trucks, be designated for the exemption. KED 
drivers, like that of the ready-mixed concrete industry, spend most 
their shift hours performing non-driving job duties, which lessens 
driver fatigue. KED estimates that only 20% of its drivers' daily 
duties involves driving, typically to and from the worksite.
    According to KED, the application is consistent with the current 
14-hour limit for drivers of ready-mixed concrete vehicles. KED also 
pointed out that FMCSA had granted similar short-haul exemptions to 
Waste Management (WM) and the National Asphalt Pavement Association 
(NAPA). According to KED, WM drivers spend 30-50% of their time in 
``collection mode'' and NAPA drivers drive 20% of the time. KED 
estimates that its drivers travel between 50-80 miles during each 
shift; driving time is therefore less than 20% of the individual's 
total duties.
    KED's application for exemption is available for review in the 
docket for this notice.

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

    To ensure an equivalent level of safety, KED offers supplementary 
driver management training which includes identifying and managing 
sleep deprivation, reducing eye strain, as well as driver fatigue 
prevention. According to KED, this training helps drivers to understand 
as well as identify triggers associated with fatigue, and provides help 
to minimize fatigue. KED notes that Waste Management and asphalt paving 
workers have similar daily schedules, where driving is only a small 
part of their workload.
    A copy of KED's application for exemption is available for review 
in the docket for this notice.

    Issued on: October 11, 2019.
Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2019-23085 Filed 10-22-19; 8:45 am]
BILLING CODE 4910-EX-P