Hours of Service of Drivers: McKee Foods Transportation, LLC, Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
May 12, 2014

[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Notices]
[Pages 27041-27043]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10825]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0071]


Hours of Service of Drivers: McKee Foods Transportation, LLC, 
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 McKee 
Foods Transportation, LLC (MFT) for an exemption from certain 
provisions of the Agency's hours-of-service (HOS) regulations. MFT 
proposes that its team drivers engaged in delivery and backhaul 
operations be granted an exemption from the HOS rules pertaining to use 
of a sleeper berth (SB). Current HOS rules require that all SB rest 
regimens include, in part, the regular use of a SB period for at least 
8 hours--combined with a separate period of at least 2 hours, either in 
the SB, off-duty or some combination of both--to gain the equivalent of 
at least 10 consecutive hours off duty. MFT proposes that its team 
drivers be allowed to take the equivalent of 10 consecutive hours off 
duty by splitting SB time into two periods totaling 10 hours, provided 
neither of the two periods is less than 3 hours. FMCSA requests public 
comment on MFT's application for exemption.

DATES: Comments must be received on or before June 11, 2014.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2014-0071 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., 
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 is able to search the electronic form of all 
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 obtain 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 will be 
considered to the extent practicable.

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.

[[Page 27042]]


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 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

    McKee Foods Transportation, LLC (MFT) is a private carrier that 
sells fresh snack products under the Little Debbie, Sunbelt, and 
Drake's brands. MFT delivers products in interstate commerce to 48 
states and parts of Canada from three manufacturing distribution 
centers and one stand-alone distribution center. MFT employs 
approximately 650 drivers, using more than 300 tractor-trailer 
combinations. MFT uses team drivers on customer delivery trips to 
maximize efficiency. Their average driver is on duty approximately 35-
45 hours per week with the majority of the on-duty time split between 
driving and unloading the trailer. A typical trip averages six stops. A 
percentage of the trips make backhauls--both private and for-hire. The 
average round trip is about 1,000 miles. A team usually delivers two 
trailer loads per week, with time at home between most trips.
    MFT states that it operates on a routine weekly cycle. Each 
workweek contains a regular subset of daily cycles dispatching and 
returning long-, medium- and short-range trips. MFT advises that it has 
a constant flow of outbound and inbound trucks that allow it to 
continuously ship fresh-baked goods and return with backhauls of raw 
materials and other for-hire loads. The routine cycles allow most of 
the drivers to have regular schedules. Many of MFT's drivers are off 
duty at least 48 consecutive hours every week while many others are off 
duty at least 72 consecutive hours. MFT's tractors are equipped with 
double-bunk sleepers in the event both drivers need or want to rest at 
the same time. Drivers are allowed to make their own decisions about 
when and where to take short rest breaks based on their personal needs 
and preferences in conformance with current regulatory requirements. 
MFT asserts that it takes safety, health and wellness seriously, and 
hires well-qualified drivers who go through a comprehensive 
orientation/new hire training program. MFT's trucks are equipped with 
Electronic On-Board Recorders (EOBRs) which include electronic logs.
    MFT requests an exemption from the current regulations for its 
delivery shipments and backhaul activity operations to eliminate the 
requirement that SB time include a period of at least 8 but less that 
10 consecutive hours in the SB and a separate period of at least 2 but 
less than 10 consecutive hours either in the SB or off duty, or any 
combination thereof (49 CFR 395.1(g)(1)(ii)(A)(1)). MFT proposes that 
these team drivers be allowed to split SB time into two periods 
totaling at least 10 hours, provided neither of the two periods is less 
than 3 hours in length. The request would be limited to team drivers.
    MFT states that the activities of its team drivers involve both 
driving and offloading product to its customers. The drivers average 
approximately 53 hours per week on the road away from home. 
Approximately 30 percent of this time is spent in the sleeper. MFT 
contends that the experience of its drivers has demonstrated that 
sleeping in a moving vehicle is more difficult than in a stopped truck. 
According to MFT, having the flexibility to switch with a partner 
allows each driver to take advantage of shorter time periods when they 
may feel fatigued. Further, this will result in a more flexible work 
pattern, allowing both drivers to perform warehouse functions together 
(to reduce driver unloading time, improve maneuvering in the 
warehouse), and improving personal and vehicular safety.
    MFT states that it is committed to maintaining its outstanding 
safety record by focusing on continuous improvement, promoting 
technologies to enhance safety, conducting thorough inspections and 
having well-communicated policies in place to address both safety and 
compliance-related topics. MFT identified some countermeasures it would 
take to maintain safe operations if the exemption is granted. The 
safeguards include, but are not limited to:
     Every week, all transportation operations shut down one 
hour prior to sundown on Friday until one hour after sundown on 
Saturday, resulting in an automatic minimum 26 hour off-duty home time 
for all drivers in addition to two or three days home time during the 
week;
     All tractors are equipped with speed limiters;
     Drivers use EOBRs to track their duty time and HOS 
compliance;
     Drive time is reduced from 11 hours to 10 hours. Team 
drivers are limited to 10 hours of driving prior to completing their 
required 10 hours total SB.
     Behavior-based event data is monitored from the EOBR to 
enhance safety measures already in place to help reduce the probability 
of accidents on the road.
    MFT believes that by allowing its team drivers to exercise 
flexibility in their SB requirements, the drivers would experience more 
quality rest. To support its request for the exemption, MFT cited the 
results of an FMCSA-sponsored study entitled ``Investigation of the 
Effects of Split Sleep Schedules on Commercial Vehicle Driver Safety 
and Health'' by Belenky (2012). The report noted ``. . . that when 
consolidated nighttime sleep is not possible, split sleep is preferable 
to consolidated daytime sleep.'' (http://ntl.bts.gov/lib/51000/51200/51254/12-003-Split-Sleep_Investigation-of-the-Effects-of-Split-Sleep-Schedules-on-Commercial-Vehicle-Driver-Safety-and-Health-508.pdf.)
    A copy of MFT's application for exemption is available for review 
in the docket for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA 
requests public comment on MFT's application for an exemption from 
certain provisions of the driver's HOS rules in 49 CFR part 395. The 
Agency will consider all comments received by close of business on June 
11, 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.


[[Page 27043]]


    Issued on: April 28, 2014.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2014-10825 Filed 5-9-14; 8:45 am]
BILLING CODE 4910-EX-P