Hours of Service of Drivers: Trailways Companies Exemption; FAST Act Extension of Expiration Date

Topics:  Trailways

T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
14 November 2016

[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Page 79556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27269]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0268]


Hours of Service of Drivers: Trailways Companies 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 2015 exemption granted to 
Trailways Companies (Trailways) and other regular-route for-hire 
passenger carriers. The Agency extends the expiration date from June 4, 
2015, to June 4, 2020, in response to the ``Fixing America's Surface 
Transportation Act'' (FAST Act). That Act 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. 
This exemption provides that drivers of passenger-carrying vehicles 
with regularly scheduled routes are exempted from changing their duty 
status from ``driving'' to ``on-duty not driving'' when making stops of 
less than 10 minutes for the limited purpose of picking up or dropping 
off passengers, baggage, or small express packages. The Agency 
previously determined that operations 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 June 4, 2015, through 
June 4, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 614-942-6477. Email: MCPSD@dot.gov.

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 ``Fixing America's Surface 
Transportation Act,'' (FAST Act), effective October 1, 2015, 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 for 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.

Trailways Exemption

    Trailways, a regular-route passenger carrier, applied for a limited 
exemption on behalf of Adirondack Trailways, Pine Hill Trailways, New 
York Trailways and all other regular-route passenger carriers and their 
drivers, from the change of duty status requirements in 49 CFR 
395.8(c). Trailways had requested that drivers with regularly scheduled 
routes be exempted from changing their duty status from ``driving'' to 
``on-duty not driving'' when making stops of less than 10 minutes for 
the limited purpose of picking up or dropping off passengers, baggage, 
or small express packages.
    FMCSA reviewed the application and the public comments and 
concluded that allowing these drivers to perform their daily duties 
without having to record short-term changes in duty status would 
promote safety at least as effectively as the logbook regulations in 49 
CFR part 395.8(c). Trailways held a similar 2-year exemption from 2013 
to 2015. A Notice of Final Determination granting the Trailways 
exemption was published on June 4, 2015 [80 FR 31961].
    The substance of the exemption is not affected by this extension. 
The exemption covers only the driver's record of duty status 
regulations [49 CFR 395.8(c)]. The exemption is restricted to drivers 
employed by Trailways and other regular-route for-hire passenger 
carriers. Instead of complying with the provisions in 49 CFR 395.8(c), 
these drivers are exempted from changing their duty status from 
``driving'' to ``on-duty not driving'' when making stops of less than 
10 minutes.
    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: November 3, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-27269 Filed 11-10-16; 8:45 am]
 BILLING CODE 4910-EX-P