Hours of Service of Drivers: CRST Expedited Inc., Application for Exemption |
|---|
Topics: CRST International
|
Larry W. Minor
Federal Motor Carrier Safety Administration
August 20, 2015
[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Notices]
[Pages 50712-50713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20569]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0261
Hours of Service of Drivers: CRST Expedited Inc., Application for
Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces that it has received an application from CRST
Expedited, Inc. (CRST) for an exemption from certain provisions of the
Agency's hours-of-service (HOS) regulations. CRST proposes that its
team drivers 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. CRST 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 CRST's application for exemption.
DATES: Comments must be received on or before September 21, 2015.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2015-0261 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: 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.
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
[[Page 50713]]
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.
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. If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
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
CRST states that it operates one of industry's largest fleet of
team drivers with 4,000 drivers and 1,931 vehicles. CRST delivers
products to 48 states from a wide variety of customer locations. The
company operates 24 hours a day, seven days a week. Drivers are on duty
an average of 48-52 hours per week. Drivers average between 42 and 44
hours of driving time. Work normally consists of picking up loaded
trailers at a customer location, driving to the destination and
delivering the loaded trailer.
According to CRST, the average driver team typically travels
approximately 3,500 miles per week. CRST estimates that 75% of drivers
obtain at least 34 consecutive hours off-duty while on the road each
week. CRST operates on two- to three-week work cycles. Drivers report
for work and are on the road typically 2 to 3 weeks and then return
home for 4 to 5 days.
CRST'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 regulatory requirements. CRST asserts that it takes safety, health
and wellness seriously, and hires well-qualified drivers who go through
a comprehensive orientation/new-hire training program. CRST's trucks
are equipped with electronic on-board recorders (EOBRs) that include
electronic logs.
CRST requests an exemption from the current regulations for its
delivery shipment operations to eliminate the requirement that SB time
include a period of at least 8 but less than 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)). CRST proposes that its 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 drivers in team operations. CRST operates on an
average day, 1,500 trucks and 3,000 drivers in team operations--two
drivers taking turns operating the same truck. If granted the exemption
would apply to this number of trucks and drivers.
CRST states that many of their team drivers are newcomers to the
trucking industry. Drivers have told CRST that driving an entire 10-11
hour driving shift is too long and that they want the opportunity to
switch with a partner more frequently. According to CRST, having the
flexibility to switch with a partner allows each driver to take
advantage of shorter time periods when they may feel fatigued. Further,
splitting the SB time for both team drivers would allow each driver to
obtain sleep during critical nighttime hours, which would provide more
restorative sleep.
CRST states that it is committed to maintaining its safety record
by focusing on continuous improvement, promoting technologies to
enhance safety, and having well-communicated policies in place to
address both safety and compliance-related topics. CRST identified some
countermeasures it would take to maintain safe operations if the
exemption is granted. The safeguards would include, but not be limited
to:
Drive time would be reduced from 11 hours to 10 hours.
Team drivers would be limited to 10 hours of driving prior to
completing their required 10 hours total SB.
Drivers use EOBRs to track their duty time and HOS
compliance;
All tractors are equipped with speed limiters; Company-
owned trucks are governed at 65 MPH; and
Trucks brought into service in 2015 are equipped with
collision-avoidance technology.
CRST 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, CRST 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 CRST'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 CRST'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
September 21, 2015. Comments will be available for examination in the
docket at the location listed under the ADDRESSES section of this
notice.
Issued on: August 13, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-20569 Filed 8-19-15; 8:45 am]
BILLING CODE 4910-EX-P