Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Notices 64927 

• North Shore understands the 

concepts of risk management and 

mitigation. 

• North Shore maintains a multitude 

of safety, security, annual medical 

surveillance, and training plans, as well 

as comprehensive drug and alcohol 

programs compliant with multiple DOT 

departments. 

• North Shore has vigorous 

preventative maintenance programs 

specific to the equipment they own and 

operate. 

North Shore believes an equivalent 

level of safety will be achieved if their 

drivers are exempt from the 

requirements as described in this notice. 

The requested exemption is for 5 years. 

A copy of the application for exemption 

is available for review in the docket for 

this notice. 

Issued on: December 7, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–27338 Filed 12–17–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0312] 

Hours of Service of Drivers: American 

Bakers Association and International 

Dairy Foods Association; Application 

for Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that it has 

received a joint application from the 

American Bakers Association (ABA) and 

the International Dairy Foods 

Association (IDFA) requesting an 

exemption from the hours-of-service 

(HOS) regulations for drivers engaged in 

the delivery of baked goods and milk 

products during periods and in 

geographic areas reasonably anticipated 

to be impacted by an impending natural 

disaster or emergency situation. ABA/ 

IDFA requests a 5-year exemption from 

49 CFR part 395 for their drivers 

engaged in the delivery of essential food 

staples to extend their driving hours to 

help communities prepare for 

anticipated disaster conditions, such as 

extreme weather events, natural 

disasters, and other emergencies. The 

applicants state that the exemption 

would achieve a level of safety 

equivalent to, or greater than, the level 

that would be achieved absent the 

proposed exemption. FMCSA requests 

public comment on ABA/IDFA’s 

application for exemption. 

DATES: Comments must be received on 

or before January 17, 2019. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA– 

2018–0312 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. Note that 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 any 

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: For 

information concerning this notice, 

please contact Mr. Richard Clemente, 

Transportation Specialist, FMCSA 

Driver and Carrier Operations Division; 

Telephone: (202) 366–2722; 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–2018–0312), 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 the 

body of 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–2018–0312’’ 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 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit comments by mail and would 

like to know that they reached the 

facility, please enclose a stamped, selfaddressed 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). 


amozie on DSK3GDR082PROD with NOTICES
64928 Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Notices 

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 

The American Bakers Association 

(ABA) represents the wholesale baking 

industry. ABA advocates on behalf of 

more than 1,000 baking facilities and 

company suppliers. Their members 

produce bread, rolls, crackers, bagels, 

sweet goods, tortillas, and many other 

baked products. ABA advises that the 

average number of drivers and 

commercial motor vehicles (CMVs) per 

company is approximately 1,050, 

ranging from 70 to 5,500. 

The International Dairy Foods 

Association (IDFA) represents the dairy 

manufacturing and marketing industry. 

Their members range from large 

multinational organizations to singleplant companies, and together they 

represent more than 85 percent of the 

milk, cultured products, cheese, ice 

cream and frozen desserts produced and 

marketed in the U.S. and sold 

throughout the world. IDFA states that, 

based on statistics for the fluid milk 

industry, the sector has approximately 

15,500 drivers and 18,000 trucks (both 

tractor-trailers and smaller delivery 

trucks). The industry believes that 

approximately 450,000,000 miles are 

driven each year in milk and dairy 

product deliveries. 

ABA/IDFA requests an exemption 

from the provisions of 49 CFR 395.3, 

‘‘Maximum driving time for propertycarrying vehicles’’ for their drivers 

delivering ‘‘essential food staples,’’ 

particularly baked goods and milk 

products, in advance of anticipated 

natural disasters or other emergency 

conditions. The requested exemption 

would only cover the period of time in 

advance of, during, and shortly after the 

emergency condition, where the HOS 

rules can be an unintended barrier to 

efficient disaster preparations and 

operations. 

The applicants proposed that the 

exemption apply during periods of 

disaster preparation in anticipation of 

disaster conditions, to be defined based 

on the existing definition of 

‘‘Emergency’’ in 49 CFR 390.5, but 

modified to encompass conditions that 

are reasonably anticipated. The 

exemption would apply from the time 

that a natural disaster or emergency is 

reasonably anticipated until a 

reasonable time after the disaster has 

resolved. ABA/IDFA states that, 

although some element of reasonable 

judgement is necessarily inherent in this 

proposed approach, a definition that is 

tied to an official Declaration of 

Emergency would defeat the public 

purpose of a disaster preparation 

exemption by forcing suppliers to wait 

until an official declaration of 

emergency by the President, State 

governors, or FMCSA, which would 

often leave insufficient lead time for 

disaster preparation. Accordingly, the 

requested exemption should allow 

suppliers to use reasonable judgment 

based on early warning announcements, 

such as hazardous weather 

announcements. 

ABA/IDFA advises that disaster 

preparation is not limited to hurricanes, 

as serious storms such as ice storms, 

heavy rains, or strong frontal patterns 

that spawn tornadoes can also wreak 

levels of havoc in certain regions 

throughout the country. The need of 

consumers for essential food staples 

significantly increases in advance of and 

during emergency conditions, and 

emergency preparations are often 

exacerbated by a rush on retail 

establishments prior to announced 

emergency events. 

The increased demand for essential 

food staples prior to threatened natural 

disasters and other emergencies requires 

changes to delivery logistics, schedules, 

and HOS for at least a 72-hour period 

prior to an anticipated disaster event, as 

it is critical to move a large volume of 

supplies into the disaster-affected area, 

and supplies often must be sourced 

from regional distribution centers, other 

manufacturing facilities that are able to 

increase production, or in the case of 

widespread disasters, distribution 

systems in other regions. Disaster 

preparations significantly and abruptly 

increase the need for driving time, 

delivery routes and drivers, due to 

heavy traffic on roads, challenging 

driving conditions, use of alternative or 

evacuation routes, and disruptions such 

as downed trees and traffic accidents. 

Furthermore, emergency conditions may 

create situations in which rest breaks on 

normal schedules are infeasible or 

dangerous due to road or parking 

conditions. 

According to ABA/IDFA, the best way 

to prepare for anticipated disasters or 

emergencies is to increase delivery runs 

ahead of the impending situation. 

Because facilities in a disaster area that 

produce fresh bread and milk may be 

without power, flooded, or otherwise 

impacted by the disaster, it is often 

necessary to source replacement 

deliveries from more distant production 

facilities in other regions. Suppliers 

often have the ability to increase 

production well ahead of emergency 

situations, and will begin advancing 

product into the market 72 hours or 

more ahead of the anticipated stock 

depletion. Experience has shown the 

applicants that the HOS restrictions 

often become a limiting factor at the 

expense of effective emergency 

preparations. Perhaps the most critical 

factor, due to a national shortage of 

licensed commercial drivers, there are 

simply no additional drivers or contract 

carriers available to supplement normal 

driver ranks due to the spiking demand 

ahead of and during disasters. 

Accordingly, the only way to prepare for 

disasters is to increase routes and 

driving times of regular drivers in the 

suppliers’ distribution network. 

In summary, this exemption woulld 

allow suppliers of essential food staples 

to adapt delivery schedules to allow 

communities to prepare for anticipated 

disaster conditions, such as extreme 

weather events, natural disasters, and 

other emergencies that disrupt delivery 

schedules and require increased driving 

hours. The exemption would help avoid 

shortages of essential food staples at 

retail stores and food establishments 

that could otherwise result if deliveries 

are restricted by the generally applicable 

HOS rules in 49 CFR 395.3. ABA/IDFA 

states that without an exemption to the 

HOS provisions, retail stores and food 

establishments are more likely to run 

out of product, leaving consumers 

lacking essential food staples during 

emergency conditions. 

IV. Method To Ensure an Equivalent or 

Greater Level of Safety 

By providing the flexibility for bakery 

and milk product delivery drivers to 

adjust HOS during disaster conditions, 

suppliers will be able to supply 

essential food staples with greater 

efficiency and safety by allowing 

experienced drivers and employers to 

modify delivery routes and schedules to 

accommodate the safe delivery of 

emergency supplies. 

As detailed in their application, ABA/ 

IDFA believes the ability to utilize the 

judgment of experienced, well-trained 

and qualified drivers during weather 

events will promote safety. The nature 

of retail unloading, and familiar routes, 

reduces concerns regarding driver 

fatigue and safety. Many retail stores are 

open only during set hours, which 

provides natural limits to the use of the 

exemption.The ability to take breaks 

and end the day according to the 


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Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Notices 64929 

conditions of the road and traffic during 

the weather event will allow drivers to 

take their time and use caution as 

appropriate under the conditions at that 

time, rather than feeling pressure to 

comply with the HOS rules that are 

most appropriate for normal driving 

conditions. ABA/IDFA further adds that 

the exemption perhaps most 

importantly will allow families to stock 

supplies at their regular neighborhood 

stores and avoid the need for residents 

to drive unnecessarily looking for 

emergency supplies of essential food 

staples in advance of or during a 

disaster situation. 

Regarding an equivalent level of 

safety, ABA/IDFA details the following 

in their application regarding HOS 

compliance following the exemption 

from 49 CFR 395.3: A weather ‘‘trigger’’ 

would start a 72-hour HOS exemption 

period leading up to an anticipated 

storm, which creates two possible 

scenarios following the exemption 

period: (1) FMCSA grants a wide-scale 

HOS exemption period for the impacted 

area or a State government declares a 

state of emergency and suspends the 

HOS requirements, or (2) the storms 

impact on the region is too insignificant 

to warrant an HOS exemption on either 

the State or Federal level. In the case of 

the first scenario, the HOS requirements 

for that period are already suspended 

and concerns of equivalent safety will 

have already been considered in 

existing regulations In the second 

scenario, the applicants propose an 

equivalent level of safety as follows: (1) 

For the 11 hour driving time limit, for 

every 2 hours a driver surpasses this 

limit, an additional hour will be added 

to the original 10-hour rest limit to be 

completed between runs following the 

exemption period; and (2) for the 60/70 

hour limits, should a driver surpass 

these normal limits during the 

exemption period, two additional hours 

will be added to the original 34-hour off 

duty period required following the 

exemption period. In order to verify 

compliance, the hours would continue 

to be documented through the use of 

electronic logging devices pursuant to 

the current rules in 49 CFR part 395, 

subpart B. The requested exemption is 

for 5 years. A copy of ABA/IDFA’s 

application for exemption is available 

for review in the docket for this notice. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–27345 Filed 12–17–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0367] 

Hours of Service of Drivers: 

Association of American Railroads and 

American Short Line and Regional 

Railroad Association; Application for 

Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that it has 

received an application from the 

Association of American Railroads and 

American Short Line and Regional 

Railroad Association (AAR/ASLRRA) 

requesting a limited exemption from the 

maximum driving time requirements of 

the hours-of-service (HOS) regulations 

for drivers of property-carrying vehicles. 

The applicants request the exemption to 

enable affected railroad employees, 

subject to the HOS rule, to respond to 

an unplanned event that occurs outside 

of or extends beyond the employee’s 

normal work hours. FMCSA requests 

public comment on AAR/ASLRRA’s 

application for exemption. 

DATES: Comments must be received on 

or before January 17, 2019. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA– 

2018–0367 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. Note that 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 any 

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: Ms. 

Pearlie Robinson, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; Telephone: (202) 366–4225; 

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–2018–0367), 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 the 

body of 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–2018–0367’’ 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 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit comments by mail and would 

like to know that they reached the 

facility, please enclose a stamped, selfVerDate Sep<11>2014 00:45 Dec 18, 2018 Jkt 247001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\18DEN1.SGM 18DEN1

amozie on DSK3GDR082PROD with NOTICES