Hours of Service of Drivers: U.S. Department of Defense (DOD); Application for Renewal of Exemption |
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Larry W. Minor
Federal Motor Carrier Safety Administration
April 16, 2015
[Federal Register Volume 80, Number 73 (Thursday, April 16, 2015)]
[Notices]
[Pages 20556-20558]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08724]
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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 Renewal of 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
U.S. Department of Defense (DOD) Military Surface Deployment and
Distribution Command (SDDC) for a renewal of its exemption from the
minimum 30-minute rest break provision of the Agency's hours-of-service
(HOS) regulations for commercial motor vehicle (CMV) drivers. SDDC
currently holds an exemption for the period October 22, 2013, through
October 21, 2015. The exemption renewal would allow these drivers 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. FMCSA requests public comment on SDDC's application for renewal
of the exemption.
DATES: If granted, this exemption would be effective from October 22,
2015, through October 21, 2017. Comments must be received on or before
May 18, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2013-0275 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the on-line instructions for submitting comments.
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., Washington, DC, between 9 a.m. and
5 p.m., ET, 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 online FDMS is available 24 hours each
day, 365 days each year. If you want acknowledgment that we received
your comments, please include a self-addressed, stamped envelope or
postcard or print the acknowledgment page that appears after submitting
comments on-line.
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
contact Ms. Pearlie Robinson, Driver and Carrier Operations Division;
Office of Carrier, Driver and Vehicle Safety Standards, FMCSA;
Telephone: 202-366-4325. 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:
[[Page 20557]]
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 Renewal
On December 27, 2011 (76 FR 81133), FMCSA published a final rule
amending its HOS regulations for drivers of property-carrying CMVs. The
final rule adopted several changes to the HOS regulations including a
new provision requiring drivers to take a rest break of at least 30
minutes during the work day under certain circumstances.
FMCSA did not specify when drivers must take the break, but the
rule requires that they wait no longer than 8 hours after the last off-
duty period of 30 minutes or more to take it if they want to drive a
CMV. Drivers who already take shorter breaks during the work day could
comply with the rule by extending one of those breaks to 30 minutes.
The new requirement took effect on July 1, 2013.
The SDDC manages the motor carrier industry contracts for the DOD.
Certain motor carriers under contract to the SDDC provide protective
services while transporting weapons, munitions, and sensitive/
classified cargo.
SDDC's initial exemption application for relief from the HOS rest
break requirement was submitted in 2013; a copy of the application is
in the docket identified at the beginning of this notice. That 2013
application describes fully the nature of the operations of SDDC's
contracted drivers. The exemption was granted on October 28, 2013 (78
FR 64265).
SDDC requests a renewal of its 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), 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. 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).
Method To Ensure an Equivalent or Greater Level of Safety
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 United States
roadways.
Evaluating carrier compliance with the Federal Motor
Carrier Safety Administration's Compliance Safety Accountability
program 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 enroute
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 approximately 1,942 power units and 3,000
drivers would be covered by the exemption. The proposed exemption would
be effective for 2 years, the maximum period allowed by Sec. 381.300.
SDDC reported two crashes in 2014 in which drivers were cited. Neither
crash was connected to fatigue that was related to the 30 minute break.
Terms of the Exemption
1. Drivers authorized by SDDC to utilize the exemption, if granted,
must have a copy of the 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
``Satisfactory'' safety rating with FMCSA, or be ``unrated;'' motor
carriers with ``Conditional'' or ``Unsatisfactory'' FMCSA safety
ratings are prohibited from using this exemption.
3. Motor carriers operating under this exemption must have Safety
Measurement System (SMS) scores that are all below FMCSA's intervention
thresholds, as displayed at http://ai.fmcsa.dot.gov/sms/.
Period of the Exemption
The requested exemption from the requirements of 49 CFR
395.3(a)(3)(ii) would be effective from 12:01 a.m., October 22, 2015,
through 11:59 p.m., October 21, 2017.
Extent of the Exemption
The exemption would be restricted to SDDC's contract driver-
employees transporting security-sensitive materials. This exemption
would be 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 would be required to comply with all
other applicable provisions of the FMCSRs.
Preemption
During the periods this exemption would be in effect, no State
shall enforce any law or regulation that
[[Page 20558]]
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption.
Notification to FMCSA
The SDDC would be required to 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 would be emailed to MCPSD@DOT.GOV.
Termination
The FMCSA does not believe the drivers covered by this exemption,
if granted, 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.
Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA
requests public comment on the SDDC's application for an exemption from
certain provisions of the HOS rules in 49 CFR part 395. The Agency will
consider all comments received by close of business on May 18, 2015.
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: April 10, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-08724 Filed 4-15-15; 8:45 am]
BILLING CODE 4910-EX-P