Hours of Service of Drivers: R&R Transportation Group; Application for Exemption |
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Topics: R&R Transportation
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T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
October 2, 2015
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Notices]
[Pages 59848-59850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25132]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0197]
Hours of Service of Drivers: R&R Transportation Group;
Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant the R&R Transportation
Group (R&R) an exemption from the minimum 30-minute rest break
requirement of the Agency's hours-of-service (HOS) regulations for
commercial motor vehicle (CMV) drivers. FMCSA has analyzed the
exemption application and the public comments and has determined that
the exemption, subject to the terms and conditions imposed, will
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved absent such exemption. The exemption is
available only to R&R's drivers engaged in the transportation of
materials that by their nature must be attended, such as radioactive
materials, pharmaceuticals, and ammunition. The exemption provides
these drivers the same regulatory flexibility that the HOS regulations
allow drivers transporting explosives, i.e., to use 30 minutes or more
of on-duty attendance time to meet the HOS rest break requirements,
provided they do not perform any other work during the break.
DATES: The exemption is effective October 2, 2015 and expires on
October 2, 2017.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Schultz, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; 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. 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)).
On December 27, 2011, FMCSA published a final rule amending the HOS
regulations (49 CFR part 395) for drivers of CMVs (76 FR 81133). The
final rule included a new provision requiring certain drivers to take a
rest break during their duty day. Specifically, the rule states that
``driving is not permitted if more than 8 hours have passed since the
end of the driver's last off-duty or sleeper-berth period of at least
30 minutes'' [49 CFR 395.3(a)(3)(ii)]. This provision took effect on
July 1, 2013.
Under the HOS rules, a driver is on duty if he or she is
``performing any other work in the capacity, employ, or service of a
motor carrier'' (Sec. 395.2). A driver is off duty when relieved of
all duty and responsibility for the care and custody of the vehicle,
its accessories, and any cargo it may be carrying. However, the Agency
has recognized that under certain circumstances it is unsafe for CMVs
to be left unattended so that the driver can take 30 minutes off duty.
By regulation, FMCSA allows operators of CMVs transporting certain
explosives to satisfy the rest-break requirement by using 30 minutes or
more of on-duty attendance time providing they perform no other work
during the break [49 CFR 395.1(q)]. Drivers employing this provision
are required to annotate their duty-status record to indicate that they
have used the exception.
The Agency has granted temporary exemptions of the type provided by
49 CFR 395.1(q) to drivers transporting security-sensitive radioactive
materials (78 FR 32700, May 31, 2013), weapons, munitions, and
sensitive/classified cargo (80 FR 20556, April 16, 2015), and oversize/
overweight (OS/OW) loads (80 FR 34957, June 18, 2015).
[[Page 59849]]
Request for Exemption
R&R operates three for-hire motor carriers that transport property
in interstate commerce: R & R Trucking, Inc., USDOT 382936; TNI USA
Inc. NC dba AATCO, USDOT 513601; and NEI Transport, LLC, USDOT 676270.
R&R indicates that these three entities operate 255 power units and
that approximately 290 drivers would be covered by the exemption. R&R's
application for exemption states that the goods it transports are of
such a nature or value that its drivers must keep the CMV under
constant observation to prevent theft or an adverse security incident.
The application provides examples of the goods transported by R&R CMVs:
weapons, ammunition, night-vision goggles, pharmaceuticals, and
radioactive materials. R&R maintains constant attendance of such loads
in order to protect the public from a major security or hazardous
material event. R&R states that Federal contracts often require CMV
drivers to maintain constant surveillance of the vehicle, and may
require the driver of an escort CMV to maintain constant surveillance
as well. In addition, R&R states that the U.S. Department of Homeland
Security may require surveillance as part of a security alert posted in
the National Terrorism Advisory System, and that some Federal agencies,
in response to a threat, establish a security threat zone, or geo-
fence, restricting or barring further movement of an R&R CMV. R&R
states that the Department of Defense provides documentation to CMV
drivers to alert roadside inspectors of surveillance requirements.
R&R requested an exemption from the HOS regulation pertaining to
rest breaks [49 CFR 395.3(a)(3)(ii)] to allow R&R drivers providing
surveillance services to be treated the same as CMV drivers attending
explosives under Sec. 395.1(q). R&R believes that transportation 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). R&R states that it
will restrict its drivers of such CMVs from performing any other on-
duty functions while satisfying the 30-minute break requirement. R&R
states that it will require its drivers to annotate their records of
duty status to indicate on-duty periods used to satisfy the rest-break
requirement in accordance with Sec. 395.1(q).
It should be noted that there is no motive for a driver or carrier
to claim this exemption when not entitled to it. A driver who is not
required constantly to attend his or her vehicle must take the minimum
30-minute rest break as off-duty time, which does not count against the
driving window of 60 hours on duty in 7 days or 70 hours in 8 days. A
driver claiming this exemption unnecessarily would be required to take
the same rest breaks, but would be on-duty and the time would count
against the 60- or 70-hour limit.
Public Comments
On July 13, 2015, FMCSA published notice of this application, and
asked for public comment (80 FR 40120). No comments were received to
the docket.
FMCSA Decision
FMCSA has evaluated R&R's application for exemption. The Agency
believes that R&R's carriers will likely achieve a level of safety that
is equivalent to, or greater than, the level of safety achieved without
the exemption [49 CFR 381.305(a)], and therefore grants this exemption,
subject to the terms and conditions outlined below.
Terms of the Exemption
1. Drivers of R & R Trucking, Inc., USDOT 382936; TNI USA Inc. NC
dba AATCO, USDOT 513601; and NEI Transport, LLC, USDOT 676270, who are
transporting materials that by their nature must be attended, such as
radioactive materials, pharmaceuticals, and ammunition, are exempt from
the requirement for a 30-minute rest break in Sec. 395.3(a)(3)(ii).
Drivers of loads not moving in interstate commerce are not eligible for
this exemption.
2. Drivers must have a copy of this exemption document in their
possession while operating under the terms of the exemption and present
it to law enforcement officials upon request.
3. The motor carriers operating under this exemption must maintain
a ``Satisfactory'' safety rating with FMCSA, or be ``Unrated.'' Motor
carriers with ``Conditional'' or ``Unsatisfactory'' FMCSA safety
ratings are prohibited from using this exemption.
4. The motor carriers operating under this exemption must maintain
Safety Measurement System (SMS) scores below FMCSA's intervention
thresholds, as displayed at http://ai.fmcsa.dot.gov/sms/.
Period of the Exemption
This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is
granted for the period from 12:01 a.m., October 2, 2015 through 11:59
p.m., October 2, 2017.
Extent of the Exemption
This exemption is limited to the provisions of 49 CFR
395.3(a)(3)(ii). These drivers must comply with all other applicable
provisions of the FMCSRs.
Preemption
In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.
Notification to FMCSA
Any motor carrier utilizing this exemption must notify FMCSA within
5 business days of any accident (as defined in 49 CFR 390.5), involving
any of the motor carrier's CMV drivers operating under the terms of
this exemption. The notification must be emailed to MCPSD@DOT.GOV and
include the following information:
a. Identification of Exemption: ``R&R,''
b. Name of operating motor carrier and USDOT number,
c. Date of the accident,
d. City or town, and State, in which the accident occurred, or
closest to the accident scene,
e. Driver's name and license number and State of issuance,
f. Vehicle number and State license plate number,
g. Number of individuals suffering physical injury,
h. Number of fatalities,
i. The police-reported cause of the accident,
j. Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations, and
k. The driver's total driving time and total on-duty time period
prior to the accident.
Termination
FMCSA believes the motor carriers engaged in these operations will
continue to maintain their previous safety record while operating under
this exemption. However, should problems occur, FMCSA will take all
steps necessary to protect the public interest, including immediate
revocation or restriction of the exemption. The FMCSA will immediately
revoke or restrict the exemption for failure to comply with its terms
and conditions.
[[Page 59850]]
Issued on: September 25, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-25132 Filed 10-1-15; 8:45 am]
BILLING CODE 4910-EX-P