Hours of Service of Drivers: Dillon Transportation LLC; Application for Exemption

Topics:  Dillon Transportation

Larry W. Minor
Federal Motor Carrier Safety Administration
6 January 2017

[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1781-1782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00011]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0443]


Hours of Service of Drivers: Dillon Transportation LLC; 
Application for Exemption

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application from 
Dillon Transportation LLC (Dillon) for an exemption from certain 
provisions of the Agency's hours-of-service (HOS) regulations. Dillon 
proposes that its team drivers be granted an exemption from the HOS 
rules pertaining to use of a sleeper berth (SB). Dillon proposes that 
its team drivers be allowed to take the equivalent of 10 consecutive 
hours off duty by splitting SB time into two periods totaling 10 hours, 
provided neither of the two periods is less than 3 hours. FMCSA 
requests public comment on Dillon's application for exemption.

DATES: Comments must be received on or before February 6, 2017.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2016-0443 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    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 on-line FDMS is available 24 hours each 
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, please contact Mr. Thomas Yager, Chief, FMCSA Driver and 
Carrier Operations Division; Telephone: (614) 942-6477; Email: 
MCPSD@dot.gov. If you have questions on viewing or submitting material 
to the docket, contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2016-0443), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2016-0443'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope. FMCSA will consider all comments and material received 
during the comment period and may grant or not grant this application 
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain 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

[[Page 1782]]

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)).

III. Request for Exemption

    Dillon states that it operates a fleet of 103 vehicles with 50 team 
drivers. Dillon is a privately-owned and operated company that delivers 
products to 48 states from a diversified customer base, and is known 
for their high level of service as an on-time carrier. They recruit 
only experienced, professional drivers. Dillon operates on a routine 
weekly cycle; each workweek contains a regular subset of daily cycles 
dispatching and returning long, medium and short range trips. According 
to Dillon, the majority of the fleet drivers are home weekly with 34-48 
hours off. The fact that some divers stay out longer is their choice to 
do so; Dillon does not require their drivers to stay on the road for 
more than 5 days.
    Dillon's tractors are equipped with double-bunk sleepers in the 
event both drivers need or want to rest at the same time. Drivers are 
allowed to make their own decisions about when and where to take short 
rest breaks based on their personal needs and preferences in 
conformance with regulatory requirements. Dillon asserts that it takes 
safety, health and wellness seriously, and only hires well-qualified 
drivers who go through a comprehensive orientation/new-hire training 
program. Dillon's trucks are all equipped with electronic logging 
devices for monitoring hours-of-service (HOS) compliance.
    Dillon requests an exemption from the current regulations for its 
operations to eliminate the requirement that SB time include a period 
of at least 8 but less than 10 consecutive hours in the SB and a 
separate period of at least 2 but less than 10 consecutive hours either 
in the SB or off duty, or any combination thereof (49 CFR 
395.1(g)(1)(ii)(A)(1) and (2)). Dillon proposes that its team drivers 
be allowed to split SB time into two periods totaling at least 10 
hours, provided neither of the two periods is less than 3 hours in 
length. The drivers would be able to choose between either a 3/7, 4/6, 
or 5/5 ``split'' hour break to complete the required 10 hour break. The 
exemption would be limited to drivers in team operations. The request 
by Dillon is for a 2-year exemption period.
    Dillon states that it is common knowledge that sleeping in a moving 
vehicle is more difficult than for a single driver who is able to stop 
the truck during their sleeper time. According to Dillon, having the 
flexibility to switch with a partner allows each driver to take 
advantage of shorter driver periods when they feel fatigued even though 
they have available driving time. This will result in a more flexible 
work pattern improving personal and vehicular safety. The exemption 
request would not apply to trips driven by a single driver.
    Dillon identified some countermeasures it would take to maintain 
safe operations if the exemption is granted. The safeguards would 
include, but not be limited to:
     Drive time would be reduced from 11 hours to 10 hours. 
Team drivers would be limited to 10 hours of driving prior to 
completing their required 10 hours total SB. Solo drivers will continue 
to operate under current HOS regulations.
     Dillon trucks are equipped with Qualcomm communications 
and electronic logging. Their drivers will continue to utilize Qualcomm 
electronic communications and tracking to maintain HOS compliance.
     All of Dillon's tractors are equipped with speed limiters.
    Dillon believes that by allowing its team drivers to exercise 
flexibility in their SB requirements, they will experience better 
quality rest as a result of this exemption. To support its request for 
the exemption, Dillon cited the results of a recent study conducted by 
Gregory Belenky, MD at the Sleep and Performance Research Center, which 
concluded that when consolidated nighttime sleep is not possible, split 
sleeper berth time is preferable to consolidated daytime sleep 
(www.fmcsa.dot.gov/facts-research/briefs/12-003-Split-Sleep).
    A copy of Dillon's application for exemption is available for 
review in the docket for this notice.

    Issued on: December 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-00011 Filed 1-5-17; 8:45 am]
 BILLING CODE 4910-EX-P