Hours of Service of Drivers: B.R. Kreider & Son, Inc.'s Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
June 24, 2015

[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Notices]
[Pages 36397-36398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15519]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0322]


Hours of Service of Drivers: B.R. Kreider & Son, Inc.'s 
Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; denial of application for 
exemption.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its denial of the application of B.R. Kreider 
& Son, Inc., (Kreider) for an exemption from the requirement that 
drivers of commercial motor vehicles (CMVs) be released from work 
within 12 hours in order to take advantage of the short-haul exception 
to part of the hours of service (HOS) rules. Drivers qualifying for the 
short-haul exception are subject to the HOS limits but are not required 
to maintain a record of duty status (RODS) during the duty day. FMCSA 
concluded that Kreider has not demonstrated how its CMV operations 
under such an exemption would be likely to achieve a level of safety 
equivalent to or greater than the level of safety that would be 
obtained in the absence of the exemption.

DATES: FMCSA denied the application for exemption by letter dated May 
21, 2015, after notice and opportunity for public comment.

FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325, Email: MCPSD@dot.gov, 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or 
comments submitted to notice requesting public comments on the 
exemption application, 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 Federal document 
management system is available 24 hours each day, 365 days each year. 
The docket number is listed at the beginning of this notice.

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). 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)).
    The HOS rules (49 CFR part 395) generally prohibit drivers from 
operating a CMV after the 14th hour measured from the time they come on 
duty following 10 consecutive hours off duty, though they must cease 
CMV driving at any time that they accumulate 11 hours of driving time 
in a duty day. The HOS rules also require operators of CMVs to maintain 
a RODS, or log, on board the CMV at all times (Sec.  395.8(a)). 
However, Sec.  395.1(e)(1) provides an exception to this requirement 
for qualifying ``short-haul'' drivers. Drivers do not have to maintain 
a RODS on board the CMV if they (1) operate within a 100 air-mile 
radius of the normal work reporting location, (2) return to the work 
reporting location and are released from duty within 12 hours of the 
time they came on duty, (3) have at least 10 consecutive hours off duty 
separating each 12 hours on duty, (4) do not exceed 11 hours driving 
following 10 consecutive hours off duty, and (5) the motor carrier that 
employs them maintains and retains for a period of 6 months accurate 
and true time records showing the time the drivers reported for duty, 
the time they are released from duty, and the total number of hours the 
drivers are on duty. A driver who expects to qualify for the short-haul 
exception does not maintain a RODS on board the CMV. However, if later 
in the day the driver discovers that he or she is not going to qualify 
for the short-haul exception, the HOS rules require the driver 
immediately to prepare a RODS reflecting his or her activities during 
the entire day.

Application for Exemption

    Kreider is an interstate motor carrier engaged in the short-haul 
transportation of materials such as topsoil, fill, and stone. Kreider's 
CMV drivers do not go beyond a 100 air-mile radius of their normal 
work-reporting location during their duty day, but it is impossible for 
its drivers to complete their duty day within the 12-hour limit. 
Kreider believes that it is impractical to require CMV drivers to 
prepare a RODS at this point. Kreider states that too much non-
productive driver time results from this requirement. It believes that 
the same level of safety would be achieved operating under the short-
haul exception without regard to the 12-hour requirement as would be 
achieved in the absence of the exemption.

Public Comments and Agency Decision

    On November 5, 2014, FMCSA published notice of this application and 
asked for public comment (79 FR 65757). Twenty-one comments were 
received and are available for review in the docket. Kreider indicates 
that its drivers are spending 10 minutes making a RODS entry for a 5-
minute stop. However, Agency guidance states that short periods of time 
(less than 15 minutes) may be identified on the RODS by drawing a line 
from the appropriate on-duty (not driving) or driving line to the 
``remarks'' section and entering the amount of time and the geographic 
location of the change in duty status (Guidance Statement 1, Sec.  
395.8). This should take less than one minute. In addition, the FMCSA 
believes that while it is appropriate to relieve drivers of the task of 
maintaining a RODS if they limit their duty day to 12 hours, 
enforcement of the 11-hour and 14-hour rules would be severely hampered 
if roadside officials were deprived of the RODS of drivers whose duty 
days have exceeded 12 hours.
    The Agency reviewed Kreider's application and the public comments. 
By letter dated May 21, 2015, FMCSA denied the application because the 
Agency concluded that Kreider's operations were not likely to achieve a 
level of safety equivalent to or greater than the level of safety that 
would be achieved in the absence of the exemption [49 CFR 
381.310(c)(5)]. A

[[Page 36398]]

copy of the denial letter is in the docket of this matter.

    Issued on: June 17, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-15519 Filed 6-23-15; 8:45 am]
 BILLING CODE 4910-EX-P