Hours of Service of Drivers: American Trucking Associations (ATA); Denial of Application for Exemption

Topics:  American Trucking Association

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

[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Notices]
[Pages 17240-17241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06951]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0470]


Hours of Service of Drivers: American Trucking Associations 
(ATA); Denial of 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 its denial of the application of ATA for an 
exemption from the 14-hour provision of the Agency's hours-of-service 
regulations to enable certain drivers to exclude waiting time from 
their calculations of on-duty time. Currently, only specially trained 
drivers of commercial motor vehicles (CMVs) that are specially 
constructed to service oil and natural gas extraction sites may employ 
this provision. ATA proposed that FMCSA issue a limited 2-year 
exemption to permit exclusion of such waiting time by drivers of CMVs 
who are exclusively engaged in servicing oil and natural gas extraction 
sites and have the opportunity to obtain rest while waiting at such 
sites. FMCSA concluded that ATA did not demonstrate how the CMV 
operations under such an exemption would achieve a level of safety 
equivalent to or greater than the level of safety obtained in the 
absence of the exemption.

DATES: FMCSA denied the application for exemption by letter dated 
February 4, 2016, after notice and opportunity for public comment.

ADDRESSES: 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.

FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, Driver and 
Carrier Operations Division 202-366-4325 or: MCPSD@dot.gov, Federal 
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., 
Washington, DC 20590-

[[Page 17241]]

0001. If you have questions on viewing material in the docket, contact 
Docket Services at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, ``FMCSA-2013-0470 in the ``Keyword'' box and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document to review. If you do not have access to the Internet, you 
may view the docket online by visiting the Docket Management Facility 
in Room W12-140 on the ground floor of the DOT West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
e.t., Monday through Friday, except Federal holidays.

II. Legal Basis

    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 specify the effective period and explain the 
terms and conditions of the exemption. The exemption may be renewed (49 
CFR 381.300(b)).

III. Background

    Part 395 of the FMCSRs contains the hours of service (HOS) rules 
for drivers of CMVs in interstate commerce. Section 395.8 requires most 
interstate CMV drivers to maintain a handwritten or electronic record 
of duty status, or log, on a 24-hour grid. They must record their duty 
status as either ``off duty,'' ``sleeper berth,'' ``on duty/not 
driving,'' or ``on duty/driving.'' Drivers must keep their log up to 
date to the most recent change of duty status and have their log for 
the current date and the preceding 7 days on board the CMV.
    Generally, a driver may not record time as ``off duty'' unless he 
or she has been relieved of all duty and responsibility for the care 
and custody of the CMV, its accessories, and its cargo, and is free to 
pursue activities of his or her own choosing. Thus, drivers who are 
waiting, whether at a loading dock or at a natural gas or oil well 
site, are generally considered to be ``on duty.'' Section 395.3(a)(2) 
provides that ``a driver may drive only during a period of 14 
consecutive hours after coming on duty following 10 consecutive hours 
off duty.'' However, the FMCSRs provide an exception to the 14-hour 
rule for the waiting time of a specific classification of driver. 
Section 395.1(d)(2) provides, ``In the case of specially trained 
drivers of commercial motor vehicles that are specially constructed to 
service oil wells, on-duty time shall not include waiting time at a 
natural gas or oil well site'' (waiting-time rule). These drivers may 
record such waiting time as off duty time, making note of the waiting-
time rule on their log. Section 395.1(d)(2) also provides that the 
waiting time of these drivers ``shall not be included in calculating 
the 14-hour period. . . .''

IV. Request for Exemption

    ATA requested a limited 2-year renewable exemption to permit 
similar treatment of waiting time at such locations to drivers 
``exclusively engaged in servicing oil and natural gas extraction 
sites'' who are able to establish ``a method to adequately ensure a 
rest opportunity while waiting.'' ATA suggested that ``trucks equipped 
with sleeper berths'' and ``on-site bunking or resting facilities'' 
would satisfy the ``rest opportunity'' standard. ATA believes the 
proposed exemption would encourage these drivers to obtain quality rest 
at extraction sites and would provide an improved standard for State 
officials enforcing waiting time requirements.

V. Public Comments and Agency Decision

    On May 23, 2014, FMCSA published notice of this application and 
asked for public comment (79 FR 29837). The Agency received 37 comments 
representing various transportation interests in response to the 
proposed exemption. Twenty-one commenters expressed support for the 
ATA's request for the exemption. Among the supporters were individuals 
and companies such as the American Exploration & Production Council and 
the National Association of Manufacturers. Eleven commenters opposed 
granting the exemption as requested. The commenters included Advocates 
for Highway and Auto Safety and the Commercial Vehicle Safety Alliance. 
Five individuals provided comments that neither opposed nor supported 
the proposed exemption.
    The Agency reviewed ATA's application and the public comments. By 
letter dated February 4, 2016, FMCSA denied the application because the 
Agency concluded that CMV operations under the proposed exemption 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)]. Fatigue during the work day 
represents the greatest safety risk because the 60- and 70-hour rules 
would remain in effect if the exemption or petition were granted. The 
proposed relief from the 14-hour rule would enable miscellaneous off-
duty periods at the oil or natural gas work sites to be excluded when 
determining whether the individual may operate the CMV during the work 
day. This creates the potential for extremely long work days provided 
the individual has not accumulated 14 hours of on-duty time prior to 
completing his/her driving tasks for the day. This may represent an 
extreme condition but the current waiting time exception does not 
include a limit and the ATA's request would extend this potentially 
risky option to a wider population of oil and natural gas workers.
    A copy of the denial letter is in the docket referenced at the 
beginning of this notice.

    Issued on: March 21, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-06951 Filed 3-25-16; 8:45 am]
 BILLING CODE 4910-EX-P