Hours of Service of Drivers: National Star Route Mail Contractors Association; Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
16 March 2016

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14189-14190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05904]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0262]


Hours of Service of Drivers: National Star Route Mail Contractors 
Association; Application for Exemption

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

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

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SUMMARY: FMCSA announces that it has denied the National Star Route 
Mail Contractors Association (NSRMCA) application to exempt its 
contract carrier members from the ``14-hour rule'' of the Agency's 
hours-of-service (HOS) regulations. NSRMCA requested that a driver of a 
commercial motor vehicle (CMV) transporting U.S. mail be allowed to 
follow an alternative HOS regimen consisting of no more than 10 hours 
of driving following 8 consecutive hours off duty; the driver would 
also be prohibited from driving after having been on duty for 15 non-
consecutive hours following 8 consecutive hours off duty. FMCSA 
reviewed NSRMCA's application and the public comments received, and 
denied the application because available information did not allow the 
Agency to conclude that the proposed exemption would achieve a level of 
safety that is equivalent to, or greater than, the level of safety that 
would be obtained absent the exemption.

DATES: FMCSA denied the application for exemption by letter dated 
January 12, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, 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)).

NSRMCA Application for Exemption

    NSRMCA is a national trade association representing contractors 
transporting mail for the United States Postal Service (USPS) in all 50 
States as well as U.S. territories.
    On behalf of its members employing ``split-shift'' contract CMV 
drivers, NSRMCA requested an exemption from the ``14-hour rule'' in 49 
CFR 395.3(a)(2), which prohibits a property-carrying driver from 
driving a CMV after 14 hours after coming on duty following 10 
consecutive hours off duty. Under NSRMCA's proposal, a driver 
transporting U.S. mail could drive a CMV no more than 10 (instead of 
the normal 11) hours following 8 (instead of the normal 10) consecutive 
hours off duty; and not drive after having been on duty 15 hours 
following 8 consecutive hours off duty.

Public Comments

    On August 20, 2015, FMCSA published in the Federal Register notice 
of the NSRMCA application and requested public comment (80 FR 50711). 
The Agency received 562 comments, 542 of which opposed the exemption 
request. The commenters objected to the extension of the duty day, 
which they said would lead to more fatigued drivers and, potentially, 
an increase in CMV crashes. Several commenters saw this request as a 
cost-cutting measure which would enable NSRMCA members to reduce the 
number of CMV drivers they employed while performing the same level of 
mail-delivery service. Others noted that FMCSA had denied an identical 
request for the same exemption filed by the USPS (74 FR 23467, May 19, 
2009). USPS had failed to demonstrate that the exemption would maintain 
a level of safety equal to, or greater than, the level of safety 
established by the current HOS rules.
    Only 10 comments supported the exemption request, and two of them 
were filed by the original petitioner, NSRMCA.

FMCSA Decision

    The Agency's decision is based upon the information provided by the 
applicants, review of comments received in response to the Federal 
Register notice, and the substantial body of HOS research the FMCSA 
relied upon to implement the 14-hour rule (68 FR 22473, April 28, 
2003). The Agency concluded that the NSRMCA application failed to 
demonstrate how it would ensure that the operations of its members 
under the exemption would achieve a level of safety that would be 
obtained in the absence of the exemption. NSRMCA's exemption would 
allow drivers to operate for more hours and obtain less restorative 
rest. FMCSA has denied the same request on two previous occasions. 
NSRMCA did not provide any data, studies or research supporting its 
recommendations or sufficient specific information about these 
operations. Therefore, the Agency cannot determine that NSRMCA's 
proposed exemption would meet the statutory requirement to maintain the 
current levels of safety. Accordingly, FMCSA denied NSRMCA's 
application for exemption by letter dated January 12, 2016.


[[Page 14190]]


    Issued on: March 10, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-05904 Filed 3-15-16; 8:45 am]
 BILLING CODE 4910-EX-P