Hours of Service of Drivers: American Trucking Associations, Inc. (ATA) Exemption; FAST Act Extension of Compliance Date

Topics:  American Trucking Associations

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

[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Notices]
[Page 83923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28014]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0012]


Hours of Service of Drivers: American Trucking Associations, Inc. 
(ATA) Exemption; FAST Act Extension of Compliance 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 from the 30-
minute rest break requirement granted to the American Trucking 
Associations, Inc. (ATA) on August 21, 2015, on behalf of motor 
carriers whose drivers transport security-sensitive hazardous materials 
(HM) requiring constant attendance on the vehicle. The Agency extends 
the expiration date from August 21, 2015 to August 20, 2020, in 
response to section 5206(b)(2)(A) of the ``Fixing America's Surface 
Transportation Act'' (FAST Act), which extends hours-of-service (HOS) 
exemptions in effect on the date of enactment to 5 years from their 
date of issuance. The ATA rest break exemption is limited to drivers 
transporting HM loads requiring placarding under the HM regulations or 
select agents and toxins identified in the HM regulations that do not 
require placarding, and who have filed security plans requiring 
constant attendance of HM. The Agency previously determined that the 
CMV operations of 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 August 21, 2015, 
through August 20, 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 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.

ATA Exemption

    ATA, a trade association, applied for a limited exemption from the 
mandatory rest break requirement of 49 CFR 395.3(a)(3)(ii) on behalf of 
all motor carriers whose drivers transport HM loads subject to the 
Pipeline and Hazardous Materials Safety Administration's security plan 
requirement.
    FMCSA reviewed ATA's application and the public comments and 
concluded that motor carriers may only use this exemption when their 
drivers are actually transporting HM that requires placarding or 
includes a select agent or toxin identified in Sec.  172.800(b)(13), 
and for which a security plan has been filed under Sec.  172.800-804. A 
Notice of Final Determination granting this ATA exemption was published 
on August 21, 2015 [80 FR 50912].
    The substance of the exemption is not affected by this extension. 
The exemption covers only the 30-minute break requirement [49 CFR 
395.3(a)(3)(ii)]. The exemption is restricted to drivers transporting 
HM loads requiring placarding under 49 CFR part 172, subpart F, or 
select agents and toxins identified in Sec.  172.800(b)(13) that do not 
require placarding, and who have filed security plans requiring 
constant attendance of HM in accordance with Sec. Sec.  172.800-804. On 
each trip, the drivers will be allowed to use 30 minutes or more of 
``attendance time'' to meet the requirements for a rest break in the 
manner provide in 49 CFR 395.1(q) provided they perform no other on-
duty activities during the rest break.
    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 9, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-28014 Filed 11-21-16; 8:45 am]
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