Hours of Service of Drivers: Transco, Inc.; Application for Exemption |
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Raymond P. Martinez
Federal Motor Carrier Safety Administration
28 August 2019
[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Notices]
[Pages 45197-45199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18568]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0302]
Hours of Service of Drivers: Transco, Inc.; Application for
Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant Transco, Inc.'s
(Transco) request for exemption from the 30-minute rest break provision
of the Agency's hours-of-service (HOS) regulations for commercial motor
vehicle (CMV) drivers. The exemption will enable Transco's drivers to
comply with the 30-minute break requirement while performing on-duty
not-driving tasks. The exemption applies to all Transco drivers in its
grocery division who make wholesale deliveries to grocery and
convenience stores.
[[Page 45198]]
DATES: This exemption is effective August 28, 2019 and expires August
28, 2024.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-2722. Email:
hoursofservice@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
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-2018-0302'' 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 in person, 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 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 also specify the effective period (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
III. Request for Exemption
Transco seeks an exemption from the 30-minute rest break provision
in 49 CFR 395.3(a)(3)(ii). Specifically, Transco requests an exemption
that would allow the grocery division drivers to take a 30-minute on-
duty, non-driving break in place of the 30-minute off-duty rest break
currently required. McLane, Transco's parent company, is one of the
nation's largest entities engaged in supply chain services, providing
grocery and foodservice supply chain solutions for convenience stores,
mass merchants, drug stores and restaurants throughout the United
States. Approximately 3,580 Transco drivers would be eligible for the
requested exemption. These drivers utilize approximately 1,700 CMVs in
Transco's fleet, which consist almost exclusively of tractors equipped
with sleeper berths, usually pulling 48- or 53-foot trailers. The
grocery division operations are similar to short haul in that they are
low mileage exposure and have multiple deliveries.
In most cases Transco relies on team drivers who alternate during
shift deliveries. Total trip time averages 17.2 hours. However, total
driving time for both drivers combined averages just 9.1 hours. Each
driver spends, on average, only 4.55 hours or 32.5% of their shift
engaged in driving.
For the following reasons, Transco contends that its operations are
characterized by factors that make the driving involved low risk and
less susceptible to the type of fatigue associated with long-haul
driving:
Transco's drivers operate largely on local roads at low
speeds, which reduces fatigue risk.
Its operations are characterized by multiple short driving
periods interrupted by breaks, which precludes development of time-on-
task fatigue and improves driver performance. Its drivers alternate
between driving, unloading, and resting without spending significant
continuous periods of time driving.
Its drivers have regular schedules and routes and return
home after every trip. Approximately 85% of Transco's drivers work
fixed schedules and routes with minimal trip-to-trip variations.
Transco's trips begin and end at the same place.
Transco practices proactive safety management. The
company's application highlights several additional proactive safety
management practices currently in place in connection with its Grocery
Operations. These include DriveCam video monitoring; increased safety
inspections and meetings; mandatory driver safety training; and
manufacturer-installed collision avoidance systems on the vehicles.
According to Transco, as a result of these operational differences,
the 30-minute rest break requirement does not increase safety when
applied to its drivers; instead, it claims the requirement may very
well decrease road safety for its drivers. For the typical long-haul
CMV driver, the 30-minute rest break serves as an opportunity to break
the monotony of driving and relieve some of the stress of continuous
driving, but Transco's drivers currently have breaks, which include
physical exercise, several times each day.
Transco believes that the requested exemption would achieve a level
of safety that is equivalent to, or greater than, the level of safety
that would be obtained by complying with the current regulation. In its
application, Transco gives the following reasons, among others, why the
Agency should approve the exemption request: (1) Allowing Transco
drivers to substitute a 30-minute on-duty, non-driving break for a 30-
minute off-duty break will not reduce safety; (2) No more than 50% of
Transco drivers' logged time per working tour is ``on-duty driving''
time, and their non-driving on-duty time is primarily devoted to pick-
ups, deliveries and like operations; and (3) The company's drivers
return to their point of origin at the end of their trip.
A copy of Transco's exemption application is available for review
in the docket for this notice.
V. Public Comments
On October 18, 2018, FMCSA published notice of this application and
requested public comment (83 FR 52873). The Agency received 10 comments
representing individuals and various transportation interests. Most
respondents supported the exemption, including the International Food
Distributors Association (IFDA), the Convenience Distribution
Association (CDA), the National Association of Wholesale Distributors
(NAW), and other trade associations and individuals.
IFDA commented that the Agency should also eliminate the 30-minute
rest break for all short-haul drivers or allow drivers to use on-duty
non-driving time as a part of a new HOS regulation. Per IFDA, for
Transco drivers as well as the typical foodservice distribution driver,
the 30-minute break requirement provides no added safety benefit and
should be withdrawn.
CDA commented that, ``Transco has provided ample supporting
information for the exemption request, and CDA believes that Transco,
as well as other
[[Page 45199]]
companies, should be granted exemptions when strong supporting
materials and criteria are presented that demonstrate 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
(49 CFR 381.305). . . .''
NAW said much the same: ``. . . Allowing for greater flexibility on
HOS rules, specifically allowing for the required 30-minute rest break
to be completed through on duty, non-driving, tasks will improve driver
efficiency and be beneficial to Transco, Inc., Transco's drivers and
commuters alike. Further, by granting this exemption FMCSA could
produce additional safety benefits in the form of fewer trips and less
driving exposure.''
The International Brotherhood of Teamsters (IBT) and two other
respondents opposed the requested exemption. IBT commented that
``Transco has not sufficiently met the test that granting the exemption
requested 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).''
VI. FMCSA Decision
FMCSA has evaluated Transco's application and the public comments
and decided to grant the exemption. Although the company made arguments
that were unjustified--like claiming that its compliance with the 14-
hour rule applicable to all CMV drivers in interstate commerce was a
reason to grant the exemption--FMCSA believes that Transco's drivers in
its grocery and food service divisions who are engaged in making
wholesale deliveries to grocery and convenience stores will likely
achieve a level of safety that is equivalent to or greater than, the
level of safety achieved without the exemptions [49 CFR 381.305(a)]. A
number of factors reduce the safety risk of Transco operations,
compared to those of most motor carriers: (1) On average, each Transco
driver drives only about 23.8 miles between each delivery stop and a
total of about 180.5 miles total per trip; (2) Transco drivers operate
largely on low-speed roads at low speeds; (3) Transco's drivers
generally are assigned to specific schedules and routes and return home
at the end of every trip; (4) Transco's drivers take frequent breaks
from driving to unload trucks; (5) Transco drivers average 15.2 driving
legs per trip with each leg averaging just 36 minutes; and (6)
Transco's drivers most often operate in teams of two and share driving
duties. The granted exemption will allow Transco's drivers in the
grocery division to comply with the 30-minute rest break requirement
while performing on-duty, not driving tasks.
VII. Terms and Conditions for the Exemption
Drivers must have a copy of this notice or signed FMCSA
exemption document in their possession while operating under the terms
of the exemptions. The exemption document must be presented to Federal
or State enforcement officials upon request.
Drivers operating under this exemption must maintain a
route manifest document that identifies the route being served and the
locations of all delivery points for each daily trip.
The exemption applies to all Transco drivers in its
grocery division who make wholesale deliveries to grocery and
convenience stores.
The exemption is limited to team driver operations with
sleeper-berth equipped truck tractors.
Drivers must return to their point of origin at the end of
their trip.
Drivers cannot drive if more than 8 hours have passed
since the end of the driver's last off duty period, sleeper-berth
period, or 30 consecutive minute break period.
Drivers operating under this exemption must use electronic
logging devices (ELDs) to document their hours of service.
The vehicles used by drivers operating under this
exemption must be equipped with safety performance monitoring systems
which include video monitoring and which capture information such as
impacts, hard braking, and other abrupt vehicle motions.
Drivers operating under the exemption must utilize FMCSA's
North American Fatigue Management Training Program.
Notification to FMCSA
Exempt motor carriers must notify FMCSA within 5 business days of
any accident (as defined in 49 CFR 390.5), involving any of its CMVs
operating under the terms of the exemption. The notification must
include the following information:
(a) Name of the exemption: ``Transco''
(b) Name of the operating motor carrier,
(c) Date of the accident,
(d) City or town, and State, in which the accident occurred, or closest
to the accident scene,
(e) Driver's name and license number,
(f) Vehicle number and State license number,
(g) Number of individuals suffering physical injury,
(h) Number of fatalities,
(i) The police-reported cause of the accident,
(j) Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations, and
(k) The driver's total driving time and total on-duty time period prior
to the accident.
Reports filed under this provision shall be emailed to MCPSD@DOT.GOV.
Preemption
In accordance with 49 U.S.C. 31315(d), during the period this
exemption is in effect, no State shall enforce any law or regulation
that conflicts with or is inconsistent with this exemption with respect
to a firm or person operating under the exemption.
Termination
FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety record. Interested parties
or organizations possessing information that would otherwise show that
any or all of these motor carriers are not achieving the requisite
statutory level of safety should immediately notify FMCSA. The Agency
will evaluate any information submitted and, if safety is being
compromised or if the continuation of the exemption is inconsistent
with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA will immediately take
steps to revoke the exemption of the company and drivers in question.
Issued on: August 13, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-18568 Filed 8-27-19; 8:45 am]
BILLING CODE 4910-EX-P