Hours of Service of Drivers: American Trucking Associations (ATA); Application for Exemption

Topics:  American Trucking Associations

Larry W. Minor
Federal Motor Carrier Safety Administration
May 23, 2014

[Federal Register Volume 79, Number 100 (Friday, May 23, 2014)]
[Notices]
[Pages 29837-29838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11957]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA-2013-0470]


Hours of Service of Drivers: American Trucking Associations 
(ATA); 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 the 
ATA for an exemption from the 14-hour provision of the Agency's hours-
of-service regulations to enable certain drivers to exclude waiting 
time at a natural gas or oil well site from their calculations of on-
duty time. Currently, only specially trained drivers of commercial 
motor vehicles (CMVs) that are specially constructed to service oil and 
natural gas extraction sites may employ this provision. ATA proposes 
that FMCSA by a limited 2-year exemption that may be renewed, permit 
exclusion of such waiting time by drivers of CMVs who are exclusively 
engaged in servicing oil and natural gas extraction sites and have the 
opportunity to obtain rest while waiting at such sites. FMCSA requests 
public comment on ATA's application for exemption.

DATES: Comments must be received on or before July 7, 2014.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2013-0470 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     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.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov, and follow the online 
instructions for accessing the dockets, or go to the street address 
listed above.
    Privacy Act: Anyone can search the electronic form of comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review a 
Privacy Act notice regarding our public dockets in the January 17, 
2008, issue of the Federal Register (73 FR 3316).
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal Web site. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket, and we will 
consider late comments to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, 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 (FMCSRs) (49

[[Page 29838]]

CFR part 350 et seq.). 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 and explain 
the terms and conditions of the exemption. The exemption may be renewed 
[49 CFR 381.300(b)].

ATA Application for an Exemption

    Part 395 of the FMCSRs contains the hours of service (HOS) rules 
for drivers of CMVs in interstate commerce. Section 395.8 of the FMCSRs 
requires most interstate CMV drivers to maintain a handwritten or 
electronic record of duty status, or log, on a 24-hour grid. They must 
record their duty status as either ``off duty,'' ``sleeper berth,'' 
``on duty/not driving'' or ``on duty/driving.'' Drivers must keep their 
log up to date to the most recent change of duty status, and have their 
log for the current date and the preceding 7 days on board the CMV.
    Generally, a driver may not record time as ``off duty'' unless he 
or she has been relieved of all duty and responsibility for the care 
and custody of the CMV, its accessories, and its cargo, and is free to 
pursue activities of his or her own choosing. Thus, drivers who are 
waiting, whether at a loading dock or at a natural gas or oil well 
site, are generally considered to be ``on duty.'' Section 395.3(a)(2) 
of the FMCSRs provides that ``a driver may drive only during a period 
of 14 consecutive hours after coming on duty following 10 consecutive 
hours off duty.'' However, the FMCSRs provide a special exception to 
the 14-hour rule for the waiting time of a specific classification of 
driver. Section 395.1(d)(2) provides, ``In the case of specially 
trained drivers of commercial motor vehicles that are specially 
constructed to service oil wells, on-duty time shall not include 
waiting time at a natural gas or oil well site'' (waiting-time rule). 
These drivers may record such waiting time as off duty time, making 
note of the waiting-time rule on their log. Section 395.1(d)(2) also 
provides that the waiting time of these drivers ``shall not be included 
in calculating the 14-hour period. . . .''
    ATA asks that FMCSA, by a limited 2-year exemption that may be 
renewed, permit similar treatment of waiting time at such locations to 
drivers ``exclusively engaged in servicing oil and natural gas 
extraction sites'' who are able to establish ``a method to adequately 
ensure a rest opportunity while waiting.'' ATA suggests that ``trucks 
equipped with sleeper berths'' and ``on-site bunking or resting 
facilities'' would satisfy the ``rest opportunity'' standard. ATA 
believes the proposed exemption would encourage these drivers to obtain 
quality rest at extraction sites and would provide an improved standard 
for State officials enforcing waiting time requirements.
    FMCSA can only grant an exemption if an FMCSR prevents a motor 
carrier from ``implementing more efficient or effective operations that 
would maintain a level of safety equivalent to, or greater than, the 
level achieved without the exemption'' [381.305(a)]. ATA asserts that 
its proposed exemption would maintain or exceed the level of safety of 
the current waiting-time rule.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA 
requests public comment on ATA's application for an exemption from 
section 395.1(d)(2) (the waiting-time rule) of the FMCSRs. The Agency 
will consider all comments received by close of business on July 7, 
2014. Comments will be available for examination in the docket at the 
location listed under the ADDRESSES section of this notice. The Agency 
will consider to the extent practicable comments received in the public 
docket after the closing date of the comment period.

    Issued on: May 16, 2014.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-11957 Filed 5-22-14; 8:45 am]
BILLING CODE 4910-EX-P