Hours of Service of Drivers: McKee Foods Transportation LLC, Exemption; FAST Act Extension of Expiration Date

T. F. Scott Darling, III
Federal Motor Carrier Safety Administration
20 April 2016

[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Notices]
[Page 23349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09112]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0071]


Hours of Service of Drivers: McKee Foods Transportation LLC, 
Exemption; FAST Act Extension of Expiration Date

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

ACTION: Notice; extension of exemption.

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SUMMARY: FMCSA announces the extension of the exemption granted to 
McKee Foods Transportation, LLC, (MFT) on March 27, 2015, for 
transportation by their team drivers utilizing the sleeper-berth (S/B). 
The Agency extends the expiration date from March 27, 2015, to March 
27, 2020, in response to Section 5206(b)(2)(A) of the ``Fixing 
America's Surface Transportation Act'' (FAST Act). That section extends 
the expiration date of hours-of-service (HOS) exemptions in effect on 
the date of enactment of the FAST Act to 5 years from the date of 
issuance of the exemptions. The MFT exemption from the Agency's S/B 
requirement is limited to team drivers employed by MFT to allow these 
drivers to split S/B time into two periods totaling at least 10 hours, 
provided neither of the two periods is less than 3 hours in length. The 
Agency previously determined that the commercial motor vehicle 
operations of MFT drivers under this exemption would likely 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: This limited exemption is effective from March 27, 2015, through 
March 27, 2020.

SUPPLEMENTARY INFORMATION: 

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. FMCSA must publish a notice of each exemption request in 
the Federal Register [49 CFR 381.315(a)].
    Section 5206(b)(2)(A) of the FAST Act requires FMCSA to extend any 
exemption from any provision of the HOS regulations under 49 CFR part 
395 that was in effect on the date of enactment of the Act to a period 
of 5 years from the date the exemption was granted. The exemption may 
be renewed. Because this action merely implements a statutory mandate 
that took effect on the date of enactment of the FAST Act, notice and 
comment are not required.

MFT Exemption

    MFT, a private motor carrier, applied for an exemption to eliminate 
the requirement that S/B time include a period of at least 8 but less 
than 10 consecutive hours in the S/B and a separate period of at least 
2 but less than 10 consecutive hours either in the S/B or off duty, or 
any combination thereof [49 CFR 395.1(g)(1)(ii)(A)(1)]. The exemption 
is limited to team drivers, and these team drivers are allowed to split 
S/B time into two periods totaling at least 10 hours, provided neither 
of the two periods is less than 3 hours in length.
    FMCSA reviewed MFT's application and the public comments and 
concluded that 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. A Notice of Final Determination granting the 
MFT exemption was published on March 27, 2015 [80 FR 16503].
    The substance of the exemption is not affected by this extension. 
The exemption covers only the split S/B requirement [49 CFR 
395.1(g)(1)(ii)(A)(1-2)]. The exemption is restricted to MFT team 
drivers, who utilize electronic logging devices to track records of 
duty status; have a minimum 26-hour off-duty period, at home, from 
Friday night to Saturday night; and are limited to 10 hours of driving 
following their required 10 consecutive hours off duty, or the S/B 
equivalent.
    The FMCSA does not believe the safety record of any driver 
operating under this exemption will deteriorate. However, should 
deterioration in safety occur, FMCSA will take all steps necessary to 
protect the public interest, including revocation of the exemption. The 
FMCSA has the authority to terminate the exemption at any time the 
Agency has the data/information to conclude that safety is being 
compromised.

    Issued on: April 13, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-09112 Filed 4-19-16; 8:45 am]
 BILLING CODE 4910-EX-P