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Federal Register / Vol. 84, No.

61 / Friday, March 29, 2019 / Notices 12019

agencies, law enforcement agencies, and requested 16-hour exemption, PJH’s allowing only 8 hours consecutively off
public utilities. PJH’s customers require ground crew must be released earlier in duty before coming on duty again. In
timely responses and long hours when the day to get back to the place of addition, the driver must have at least
dealing with emergency-related lodging before reaching the ‘‘14-hour 2 hours off duty during that 16-hour
incidents. PJH’s helicopters must be rule’’ limit, which decreases the period and be responding to or
fueled and serviced in a timely fashion availability of the aircraft by a minimum returning from an active incident as
by PJH’s ground support crews. PJH is of 14 total hours each week. requested by an officer of a public
requesting an exemption from 49 CFR PJH’s second exemption request is agency or public utility. PJH’s drivers
395.3(a)(1) and 49 CFR 395.3(a)(2), for intended to work in conjunction with would need to use this exemption, on
all of its ground support equipment the first request and would enable its average, once every two weeks during
operators. ground support equipment operators to the months of April through October.
The requested exemption would have only 8, instead of 10, consecutive PJH would still be required to use
apply to approximately 32 ground hours off duty before coming on duty electronic logging devices to help track
support equipment operators who all again. Relating to the scenario detailed duty hours, and most of the time they
possess commercial driver’s licenses above, in complying with the current would be subject to Part 395 HOS rules.
with applicable endorsements, ‘‘14-hour rule,’’ PJH’s employees also PJH has proposed conditional rules that
including the operation of tank vehicle cannot go on duty to drive until 8:00 are designed to keep the drivers using
combinations. A ground support a.m. the next morning, at the earliest, this exemption from driving fatigued.
equipment operator is an individual after a required 10 consecutive hour rest PJH states that when using this
specially trained to work around break. As is typical with these proposed exemption, its drivers would
helicopters performing refueling, operations, if the helicopter was achieve a level safety that meets or
rigging, reloading and maintenance dispatched at 6:00 a.m. to another fire, exceeds the current regulations. A copy
duties. PJH states in its application that which resulted in a 3-hour drive time, of PJH’s application for exemptions is
if its ground crew cannot legally support the PJH driver would not arrive until available for review in the docket for
the helicopter for the duration of the 11:30 a.m. at the earliest. Depending on this notice.
requirements, the firefighters, law the helicopter model’s fuel capacity and
Issued on: March 22, 2019.
enforcement and linemen will not have burn rate, the average helicopter can
air support and resources at remote only fly for 2 hours. Due to the driver’s Larry W. Minor,
locations. This in turn, results in duty limitations, the helicopter would Associate Administrator for Policy.
communities being under greater threat be unable to support emergency [FR Doc. 2019–06097 Filed 3–28–19; 8:45 am]
from fires, lawless individuals and incidents for at least 3.5 hours until the BILLING CODE 4910–EX–P
destabilized electrical grids. fuel truck arrives to refuel. If the driver
The first exemption, if granted, would in this example—a not uncommon
allow PJH’s ground support equipment one—was able to utilize the proposed DEPARTMENT OF TRANSPORTATION
operators to drive up until the end of exemption request of 8 consecutive
the 16th hour after coming on duty hours off duty instead of 10, the Federal Motor Carrier Safety
instead of 14 hours. PJH states that is an helicopter would have been available to Administration
emergency response company fight fires for an additional 2 hours the [Docket No. FMCSA–2019–0085]
contracted to agencies focused on public second day, and the PJH driver would
safety, and that there currently are no not be in violation of the Federal HOS Hours of Service of Drivers: National
exemption provisions in the Part 395 regulations. As a part of this exemption Waste & Recycling Association;
HOS regulations for private companies request, PJH’s ‘‘ground crew members’’ Application for Exemption
that assist in emergency efforts. PJH’s would be required to have had 8
Federal and State government contracts uninterrupted hours off duty [instead of AGENCY: Federal Motor Carrier Safety
specify that ground support equipment 10] before driving again, provided they Administration (FMCSA), DOT.
operators must be available for a have had at least 2 hours off duty during ACTION: Notice of application for
maximum of 14 hours. On a typical day, that 16-hour period PJH they also exemption; request for comments.
at 6:00 a.m., the commercial motor requested, and are responding to or SUMMARY: FMCSA announces that it has
vehicle (CMV) is dispatched 100 miles returning from an active incident as
received an application from the
away to a remote landing area. Upon requested by an officer of a public
National Waste & Recycling Association
arrival, the unit stays at the dispatched agency or public utility.
location to support efforts in PJH states that the ground crew (NWRA) requesting an exemption from
extinguishing a fire until 8:30 p.m. The members’ schedules are characterized one of the criteria for using the ‘‘short-
unit is then released by the agency to by daytime hours, low-stress periods of haul—100 air-mile radius driver’’
travel to the nearest lodging 1.5 hours waiting during the workday, and very exception to the requirement for the
away. This would result in the driver limited hours of actual driving on preparation and retention of records of
arriving at 10:00 p.m., and at this point, public roads. Ground crew members are duty status (RODS). NWRA asks that all
the driver is in violation of the ‘‘14-hour relieved of any work—and are off short-haul commercial motor vehicle
rule’’ in 49 CFR 395.3(a)(2). In duty—for long periods throughout a (CMV) drivers in the waste and
summary, at the end of the day, when typical workday, so, relative to the recycling industry be allowed up to 14
the helicopter is finished flying, a service provided, allowing 2 more hours hours (instead of the current 12 hours)
mechanic is required to inspect and of duty time when coming on duty to return to the original work reporting
repair the aircraft as needed. With a responding to and returning from location without losing their short-haul
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long flight day and these added duties, emergency incidents would, if anything, status. FMCSA requests public comment
a PJH mechanic is most certainly going increase the overall safety of the public. on NWRA’s application for exemption.
to exceed the ‘‘14-hour rule’’ when PJH believes that its application DATES: Comments must be received on
finished with maintenance duties and includes simple, alternative HOS or before April 29, 2019.
travelling between the helicopter and options; among them not driving after ADDRESSES: You may submit comments
the place of lodging. Without the the 16th hour after coming on duty and identified by Federal Docket

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12020 Federal Register / Vol. 84, No. 61 / Friday, March 29, 2019 / Notices

Management System Number FMCSA– which the comment applies, and exemption. The exemption may be
2019–0085 by any of the following provide reasons for suggestions or renewed (49 CFR 381.300(b)).
methods: recommendations. You may submit
III. Request for Exemption
• Federal eRulemaking Portal: online or by fax, mail, or hand delivery, See the Public but please use only one of these means. Under FMCSA’s current hours-of-
Participation and Request for Comments FMCSA recommends that you include service (HOS) rules, drivers are not
section below for further information. your name and a mailing address, an required to prepare and maintain
• Mail: Docket Management Facility, email address, or a phone number in records of duty status (RODS) provided
U.S. Department of Transportation, 1200 your document so the Agency can that (among other things) they return to
New Jersey Avenue SE, West Building, contact you if it has questions about their normal work reporting location
Ground Floor, Room W12–140, your submission. and are released from work within 12
Washington, DC 20590–0001. To submit your comments online, go hours after coming on duty (49 CFR
• Hand Delivery or Courier: West to and put the 395.1(e)(1)). A driver who exceeds the
Building, Ground Floor, Room W12– docket number, ‘‘FMCSA–2019–0085’’ 12-hour limit loses the short-haul
140, 1200 New Jersey Avenue SE, in the ‘‘Keyword’’ box, and click exception and must immediately
between 9 a.m. and 5 p.m. E.T., Monday ‘‘Search.’’ When the new screen prepare RODS for the entire day, often
through Friday, except Federal holidays. appears, click on the ‘‘Submit a Formal by means of an electronic logging device
• Fax: 1–202–493–2251. Comment’’ button and type your (ELD) (49 CFR 395.8(a)(1)(i)).
Each submission must include the NWRA represents approximately 700
comment into the text box in the
Agency name and the docket number of publicly traded and privately-owned
following screen. Indicate whether you
this notice. DOT posts all comments local, regional, national and
are submitting your comment as an international waste and recycling
received without change to individual or on behalf of a third party companies. These motor carriers operate, including and then submit. If you submit your more than 100,000 waste and recycling
personal information in a comment. comments by mail or hand delivery, collection trucks and employ an even
Please see the Privacy Act heading submit them in an unbound format, no greater number of CMV drivers. NWRA
below. larger than 81⁄2 by 11 inches, suitable for indicated its members represent
Docket: To read background copying and electronic filing. If you approximately 70 percent of the private
documents or comments, go to submit comments by mail and would sector waste and recycling market. or visit Room like to know that they reached the The industry’s fleet includes, but is
W12–140 on the ground level of the facility, please enclose a stamped, self- not limited to, waste and recycling
West Building, 1200 New Jersey Avenue addressed postcard or envelope. FMCSA collection trucks, roll-off trucks, post
SE, Washington, DC, between 9 a.m. and will consider all comments and material collection tractor trailers, container
5 p.m., ET, Monday through Friday, received during the comment period delivery vehicles, and grapple trucks.
except Federal holidays. The on-line and may grant or deny this application Their drivers routinely qualify for the
FDMS is available 24 hours each day, based on your comments. short-haul HOS exception in 49 CFR
365 days each year. 395.1(e)(1). Waste and recycling
Privacy Act: In accordance with 5 II. Legal Basis
companies operate local route service
U.S.C. 553(c), DOT solicits comments FMCSA has authority under 49 U.S.C. trucks with drivers starting and ending
from the public to better inform its 31136(e) and 31315 to grant exemptions their days at the same location and their
rulemaking process. DOT posts these from certain Federal Motor Carrier drivers rarely travel beyond a 40-mile
comments, without edit, including Safety Regulations (FMCSRs). FMCSA radius from the work-reporting location.
personal information the commenter must publish a notice of each exemption Residential collection route trucks
provides, to, as request in the Federal Register (49 CFR repeatedly stop and start while on-route
described in the system of records 381.315(a)). The Agency must provide in order to collect a load of waste or
notice (DOT/ALL–14 FDMS) at the public an opportunity to inspect the recyclable materials, with an average of information relevant to the application, 400 to 600 stops at residences each day.
FOR FURTHER INFORMATION CONTACT: Mr. including any safety analyses that have Commercial collection route trucks tend
Richard Clemente, FMCSA Driver and been conducted. The Agency must also to have fewer stops than those on
Carrier Operations Division; Office of provide an opportunity for public residential routes, but can average more
Carrier, Driver and Vehicle Safety comment on the request. than 80 stops per day at business
Standards; Telephone: (202) 366–2722; The Agency reviews safety analyses addresses. On occasion, drivers in this
Email: If you have and public comments submitted, and industry cannot complete their duty day
questions on viewing or submitting determines whether granting the within 12 hours. The drivers may
material to the docket, contact Docket exemption would likely achieve a level exceed the 12-consecutive hour
Services, telephone (202) 366–9826. of safety equivalent to, or greater than, limitation of the short-haul exception
SUPPLEMENTARY INFORMATION: the level that would be achieved by the more than 8 times in any 30-day period
current regulation (49 CFR 381.305). due to operating restrictions placed
I. Public Participation and Request for The decision of the Agency must be upon the industry by States and
Comments published in the Federal Register (49 localities, inclement weather, traffic
FMCSA encourages you to participate CFR 381.315(b)) with the reasons for congestion, and other circumstances
by submitting comments and related denying or granting the application and, beyond their control. Once they exceed
materials. if granted, the name of the person or the 8-in-30-day threshold, NWRA’s
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class of persons receiving the companies must install electronic

Submitting Comments exemption, and the regulatory provision logging devices (ELDs) to document
If you submit a comment, please from which the exemption is granted. drivers’s duty status (see 49 CR
include the docket number for this The notice must also specify the 395.8(a)(1)(iii)(A)(1)). Therefore,
notice (FMCSA–2019–0085), the effective period (up to 5 years) and NWRA’s application for an exemption
specific section of this document to explain the terms and conditions of the to allow waste and recycling industry

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Federal Register / Vol. 84, No. 61 / Friday, March 29, 2019 / Notices 12021

drivers and companies to continue to referenced at the beginning of this Information

qualify for the short-haul exception, up notice. A. Program Description
to the 14th hour after coming on duty, Issued on: March 22, 2019.
would help some of petitioner’s drivers The Innovations in Transit Public
Larry W. Minor, Safety projects are funded through the
avoid the economic burden of installing
Associate Administrator for Policy. Public Transportation Innovation
ELDs when they occasionally exceed the
[FR Doc. 2019–06094 Filed 3–28–19; 8:45 am] Program (49 U.S.C. 5312), with the goal
8-in-30-day threshold for the ELD
mandate. BILLING CODE 4910–EX–P of developing innovative projects that
While NWRA recognizes the safety assist transit agencies with identifying
benefits that ELDs present for other and adopting specific measures to
DEPARTMENT OF TRANSPORTATION address public safety in transit systems,
industry sectors, it claims that these
devices are actually counterproductive including crime prevention, human
Federal Transit Administration trafficking, and operator assault.
for the waste and recycling industry due
to the frequency with which these Competitive Funding Opportunity: Human Trafficking is a crime that
drivers must interact with them. Waste Innovations in Transit Public Safety involves exploiting a person for labor,
and recyclable collection CMV drivers services, or commercial sex. Section
are required to interact with and make AGENCY: Federal Transit Administration 7102(9), of Title 22, U.S.C., defines
duty status changes in the ELD or RODS (FTA), DOT. ‘‘severe forms of trafficking in persons,’’
when stopping at one-third to one-half ACTION: Notice of Funding Opportunity as:
of their 400 to 600 stops per day or (NOFO). (a) Sex trafficking in which a commercial
every 22 seconds—the average time to sex act is induced by force, fraud, or
SUMMARY: The Federal Transit coercion, or in which the person induced to
service a customer—before then driving Administration (FTA) is soliciting
to the next residence, which could be perform such act has not attained 18 years of
proposals under the Department of age; or
less than 100 feet away. Transportation’s Public Transportation (b) The recruitment, harboring,
NWRA notes that certain CMV drivers Innovation Program to select an eligible transportation, provision, or obtaining of a
may already operate up to 14 hours project or projects that will identify person for labor or services, through the use
without forfeiting short-haul status. innovative solutions to reduce or of force, fraud, or coercion for the purpose of
Drivers in the asphalt-paving business eliminate human trafficking occurring subjection to involuntary servitude, peonage,
were granted a similar exemption [83 FR on transit systems, protect transit debt bondage, or slavery.
3864, Jan. 26, 2018], and 49 CFR The coercion can be subtle or overt,
operators from the risk of assault, and physical or psychological. Exploitation of a
395.1(e)(1)(ii)(B) reflects a statutory reduce crime on public transit vehicles
exemption for the ready-mixed concrete minor for commercial sex is human
and in facilities. The awarded projects trafficking, regardless of whether any form of
industry. NWRA further notes that will be referred to as the Innovations in force, fraud, or coercion was used. There is
FMCSA recently granted one of its Transit Public Safety projects, and the no single profile of a trafficking victim.
member companies—Waste available funding is $2,000,000 in Victims of human trafficking can be
Management Holdings, Inc.—a similar research funds. anyone—regardless of race, color, national
exemption [83 FR 53940, Oct. 25, 2018]. origin, disability, religion, age, gender, sexual
DATES: Applicants must submit
NWRA argues that granting a broader orientation, gender identity, socioeconomic
completed proposals for funding status, education level, or citizenship status.
exemption would create regulatory
consistency across the entire waste and The U.S. Department of
FTA–2019–006–TSO through the
recycling industry. Transportation (DOT) combats human
GRANTS.GOV ‘‘APPLY’’ function by
NWRA asserts that waste and 11:59 p.m. Eastern Time on May 28, trafficking by working with public and
recycling carriers have virtually no 2019. Prospective applicants should private sector stakeholders to empower
record of HOS violations in the register as soon as possible on the transportation employees and the
Agency’s Compliance, Safety, GRANTS.GOV website to ensure they traveling public to recognize and report
Accountability (CSA) Safety can complete the application process possible instances of human trafficking.
Measurement System (SMS) HOS before the submission deadline. The Innovations in Transit Public Safety
BASIC scores, nor is there a history of Application instructions are available projects support the DOT’s
CSA intervention consequences for HOS on FTA’s website at http:// Transportation Leaders Against Human
non-compliance with these carriers. and in the Trafficking initiative, which has the
NWRA further adds that there is no ‘‘FIND’’ module of GRANTS.GOV. following focus areas: Leadership,
equivalent or greater level of safety that FTA will not accept mail and fax training and education, policy
ELDs would bring to the waste and submissions. development, public awareness, and
recycling industry. The waste and information sharing and analysis.
recycling industry recognizes and agrees FOR FURTHER INFORMATION CONTACT:
Eligible projects will identify
with the need for ELDs for drivers and Dakisha Spratling, FTA Office of Transit
innovative solutions to reduce or
carriers in long haul, over-the-road, and Safety and Oversight; phone: (202) 366–
eliminate human trafficking occurring
regional operations, as well as for those 2530; email:
on transit systems, protect transit
carriers with Unsatisfactory safety SUPPLEMENTARY INFORMATION: operators from the risk of assault, and
ratings and that are over the threshold Table of Contents reduce crime on public transit vehicles
in their CSA HOS BASIC score. For and facilities. Specific project eligibility
these reasons, NWRA states that the A. Program Description
under this competitive allocation is
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agency should not require CMV drivers B. Federal Award Information

C. Eligibility Information described in Section C of this notice.
and companies transporting waste and
D. Application and Submission Information B. Federal Award Information
recyclable material to invest in ELDs by E. Application Review Information
granting this exemption request. F. Federal Award Administration The FTA makes available $2,000,000
NWRA’s application for exemption is Information under the Public Transportation
available for review in the docket G. Federal Awarding Agency Contacts Innovation Program (49 U.S.C. 5312) to

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