Hours of Service of Drivers: U.S. Department of Defense (DOD); Application for Exemption |
|---|
|
Anne S. Ferro
Federal Motor Carrier Safety Administration
October 28, 2013
[Federal Register Volume 78, Number 208 (Monday, October 28, 2013)]
[Notices]
[Pages 64265-64267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25375]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0275]
Hours of Service of Drivers: U.S. Department of Defense (DOD);
Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant the U.S. Department of
Defense (DOD) Military Surface Deployment and Distribution Command
(SDDC) an exemption from the minimum 30-minute rest break provision of
the Agency's hours-of-service (HOS) regulations for commercial motor
vehicle (CMV) drivers. The exemption enables SDDC's contract motor
carriers and their employee-drivers engaged in the transportation of
weapons, munitions, and sensitive/classified cargo to have the same
regulatory flexibility that 49 CFR 395.1(q) provides for drivers
transporting explosives. The exempted drivers are allowed to use 30
minutes or more of attendance time to meet the HOS rest break
requirements, provided they do not perform any other work during the
break.
DATES: This exemption is effective from 12:01 a.m., October 22, 2013,
through 11:59 p.m., October 21, 2015.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver, and Vehicle
Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the 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
[[Page 64266]]
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 and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).
Request for Exemption
The Military Surface Deployment and Distribution Command (SDDC)
manages the motor carrier industry contracts for the Department of
Defense (DOD). Certain motor carriers under contract to the SDDC
provide protective services while transporting weapons, munitions, and
sensitive/classified cargo.
SDDC requests a limited exemption from the HOS regulation
pertaining to rest breaks [49 CFR 395.3(a)(3)(ii)] to allow SDDC-
contracted drivers providing dual driver-protective services to be
treated the same as drivers transporting explosives, as provided in
Sec. 395.1(q). Section 395.1(q) states that operators of CMVs carrying
Division 1.1, 1.2, or 1.3 explosives subject to the requirement for a
minimum 30-minute rest break in Sec. 395.3(a)(3)(ii) may use 30
minutes or more of ``attendance time'' to meet the requirement for a
rest break. FMCSA analyzed SDDC's request and on July 23, 2013, granted
a limited 90-day waiver for SDDC-contracted motor carriers and drivers
from the HOS rest break requirement. The waiver expired on October 22,
2013.
SDDC believes that shipments moved under the requested exemption
would achieve a level of safety and security that is at least
equivalent to what would be obtained by following the normal break
requirements in Sec. 395.3(a)(3)(ii).
SDDC states that it requires continuous attendance and surveillance
of such shipments until they reach their final destination. SDDC states
that it has instituted several technical and administrative controls to
ensure the efficient transportation of cargo requiring protective
services, controls that would remain in effect under the requested
exemption. They include the following:
Conducting review of carrier compliance requirements and
procedures for moving hazardous cargo.
Evaluating carrier authority to operate on U.S. roadways.
Evaluating carrier compliance with FMCSA's Compliance
Safety Accountability program and Safety Measurement System standards.
Providing over-the-road vehicle surveillance.
Inspecting carrier facilities and corporate headquarters
for compliance with DOD and DOT standards.
Further details regarding SDDC's safety controls can be found in
its application for exemption. The application can be accessed in the
docket identified at the beginning of this notice. SDDC asserts that
granting the exemption would allow driver teams to manage their en-
route rest periods efficiently and also perform mandated shipment
security surveillance, resulting in both safe driving performance and
greater security of cargo during long-distance trips.
SDDC anticipates no safety impacts from this exemption and believes
that its contract employee drivers should be allowed to follow the
requirements in Sec. 395.1(q) when transporting shipments of sensitive
DOD cargo. SDDC believes that shipments made under the requested
exemption would achieve a level of safety and security that is at least
equivalent to that which would be obtained by following the normal
break requirement in Sec. 395.3(a)(3)(ii).
SDDC indicated that 40 contract carriers with approximately 1,942
power units and 3,000 drivers would currently be eligible for the
exemption if granted. The proposed exemption would be effective for 2
years, the maximum period allowed by Sec. 381.300.
Public Comments
On August 12, 2013, FMCSA published notice of this application, and
asked for public comment (78 FR 48927). Six comments were submitted. An
anonymous respondent commented by stating, ``If the Federal Motor
Carrier Safety Administration approves this exemption for SDDC then
they should at least approve the exemption for all team drivers (if not
all drivers) of commercial motor vehicles fleet and owner/operators
operating in the FMCSA jurisdiction based on the SDDC exemption
document.'' Another anonymous respondent opposed the exemption by
stating, ``I feel as someone who has held a job as a long distance
driver it is important to have regular rest breaks.'' Mr. Wayne Yoder
commented by stating that ``If the FMCSA concludes allowing munitions
haulers to monitor their vehicles while on their 30 minute break does
not detract from highway safety, then all drivers should be allowed to
monitor their vehicles while on their 30 minute break.'' Mr. David A.
Bell provided comments in support of the exemption.
The American Trucking Associations (ATA) and Boyle Transportation
also provided comments in support of the exemption. ATA commented by
stating ``FMCSA should grant the Department of Defense's request to
preserve en route security, just as it did for a previous Department of
Energy exemption request. Doing so preserves a well-established cargo
security practice in place before the thirty minute rest break
requirement took effect.'' Boyle Transportation commented by stating
``We urge the Federal Motor Carrier Safety Administration to grant this
exemption but with more stringent terms and conditions than those
identified in the 90-day waiver dated July 23, 2013.'' Additionally,
Boyle Transportation made recommendations for FMCSA to place in the
terms and conditions for this exemption. All comments are available for
review in the docket for this notice.
FMCSA Decision
The FMCSA has evaluated SDDC's application for exemption and the
public comments. The Agency believes that SDDC will likely achieve a
level of safety that is equivalent to or greater than, the level of
safety achieved without the exemption [49 CFR 381.305(a)]. The exempted
drivers will receive the 30 minutes or more of rest when required since
they will be free of all duties other than ``attending'' the vehicle
during the break periods. The safety objectives of the break
requirement will be met; the only subject of the exemption is the duty
status of the driver while attending the vehicle during a required rest
break. Therefore, the Agency grants the exemption request subject to
the terms and conditions in this Federal Register notice.
Terms of the Exemption
1. Drivers authorized by SDDC to utilize this exemption must have a
copy of this exemption document in their possession while operating
under the terms of the exemption. The exemption document must be
presented to law enforcement officials upon request.
2. All motor carriers operating under this exemption must have a
[[Page 64267]]
``Satisfactory'' safety rating with FMCSA, or be ``unrated;'' motor
carriers with ``Conditional'' or ``Unsatisfactory'' FMCSA safety
ratings are prohibited from using this exemption.
3. All motor carriers operating under this exemption must have
Safety Measurement System (SMS) scores below FMCSA's intervention
thresholds, as displayed at http://ai.fmcsa.dot.gov/sms/.
Period of the Exemption
This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is
granted for the period from 12:01 a.m., October 22, 2013, through 11:59
p.m., October 21, 2015.
Extent of the Exemption
The exemption is restricted to SDDC's contract driver-employees
transporting security-sensitive materials. This exemption is limited to
the provisions of 49 CFR 395.3(a)(3)(ii) to allow contract driver-
employees transporting security-sensitive materials to be treated the
same as drivers transporting explosives, as provided in Sec. 395.1(q).
These drivers must comply with all other applicable provisions of the
FMCSRs.
Preemption
In accordance with 49 U.S.C. 31315(d), during the period this
exemption is in effect, no State shall enforce any law or regulation
that conflicts with or is inconsistent with this exemption with respect
to a firm or person operating under the exemption.
Notification to FMCSA
The SDDC must notify FMCSA within 5 business days of any accident
(as defined in 49 CFR 390.5), involving any of the motor carrier's CMVs
operating under the terms of this exemption. The notification must
include the following information:
a. Date of the accident,
b. City or town, and State, in which the accident occurred, or
closest to the accident scene,
c. Driver's name and driver's license number and State of issuance,
d. Vehicle number and State license plate number,
e. Number of individuals suffering physical injury,
f. Number of fatalities,
g. The police-reported cause of the accident,
h. Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations, and
i. The driver's total driving time and total on-duty time period
prior to the accident.
Reports filed under this provision shall be emailed to
MCPSD@DOT.GOV.
Termination
FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety record. However, should
this occur, FMCSA will take all steps necessary to protect the public
interest, including revocation or restriction of the exemption. The
FMCSA will immediately revoke or restrict the exemption for failure to
comply with its terms and conditions.
Issued on: October 23, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-25375 Filed 10-25-13; 8:45 am]
BILLING CODE 4910-EX-P