Hours of Service of Drivers: Transco, Inc.; Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
18 July 2017

[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Notices]
[Pages 32918-32919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15022]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0244]


Hours of Service of Drivers: Transco, Inc.; Application for 
Exemption

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

ACTION: Notice of final determination; denial of application for 
exemption.

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SUMMARY: FMCSA announces its decision to deny the application of 
Transco, Inc. (Transco) (USDOT # 1062707) for an exemption from the 30-
minute rest break provision of the Agency's hours-of-service (HOS) 
regulations for commercial motor vehicle (CMV) drivers. Transco asked 
that its drivers be permitted to comply with the 30-minute rest break 
requirement while performing ``on-duty, not-driving'' tasks. Due to the 
nature of its operations, Transco believes that compliance with the 30-
minute rest break provision negatively impacts the overall safety and 
general health of its CMV drivers. FMCSA has analyzed the exemption 
application and public comments, and has determined that the applicant 
would not achieve a level of safety that is equivalent to, or greater 
than, the level that would be achieved absent such exemption.

DATES: FMCSA denied the application for exemption by letter dated 
February 27, 2017, after notice and opportunity for public comment.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, 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. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Background

    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.
    FMCSA 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 and the reasons for denying an application must be published 
in the Federal Register (49 CFR 381.315(b)).
    On December 27, 2011 (76 FR 81133), FMCSA published a final rule 
amending its hours-of-service (HOS) regulations for drivers of 
property-carrying CMVs. The rule included a provision requiring many 
CMV drivers to take a rest break during the work day. Drivers may drive 
a CMV only if 8 hours or less have passed since the end of the driver's 
last off-duty or sleeper-berth period of at least 30 minutes. FMCSA did 
not specify when drivers must take the 30-minute break, but the rule 
requires that they wait no longer than 8 hours after the last off-duty 
or sleeper-berth period of that length or longer to take the break if 
they want to continue driving (49 CFR 395.3(a)(3)(ii)).

III. Request for Exemption

    Transco seeks an exemption from the 30-minute rest break provision. 
Transco, operating through McLane Company, Inc., employs over 4,000 
drivers who deliver freight from distribution centers to grocery stores 
and restaurants throughout the United States. Transco drivers make an 
average of nine stops per day during which they offload freight to 
customers. Transco contends that because its operations differ greatly 
from long-haul operations it should not be subject to the rest break 
requirement. It contends that the frequent stops serve the purpose of 
the 30-minute rest break because they break the monotony and stress of 
driving for Transco's drivers. Transco argues that physically-active 
offloading is in fact better for the health of its drivers than 30 
minutes free of

[[Page 32919]]

work-related duties. It asserts that the 30-minute break unnecessarily 
imposes unhealthy sedentary activity on Transco drivers. Finally, 
Transco believes that the granting of this exemption would reduce the 
number of motor vehicle accidents and congestion on public roads by 
reducing the overall miles Transco travels to deliver to its customers. 
A copy of the Transco's application for exemption is available for 
review in the docket for this notice.

Public Comments

    On September 28, 2016, FMCSA published Transco's application for 
exemption and requested public comment (81 FR 66734). The Agency 
received 54 comments to the docket, mostly from CMV drivers. More than 
40 of the comments opposed the Transco application for exemption. The 
principal concern of the CMV drivers was that the exemption would 
convert obvious on-duty time to off-duty time. The Advocates for 
Highway and Auto Safety expressed concern that rigorous physical 
activity (loading and unloading) would be substituted for the respite 
from driver duties provided by the 30-minute rest break. The 
International Brotherhood of Teamsters opposed the application. It 
pointed out that the applicant described the typical driver workday as 
being 19 hours long, making the rest break even more critical to safety 
and driver health.

FMCSA Decision

    When FMCSA proposed the provision requiring a 30-minute rest break, 
it relied upon research indicating that periods free from work 
responsibilities are followed by improved work performance. The 
research showed that this improvement was experienced regardless of the 
precise nature of the worker's duties. FMCSA believes that, whatever 
the relative degree of monotony associated with long-haul and local-
delivery driving, the fact is that both types of drivers are 
susceptible to fatigue as the workday progresses. The Agency believes 
that rest breaks provide a benefit to both types of drivers, and that 
safety is improved by allowing drivers to take a break from their 
duties during the work day. The rest break is especially important for 
Transco drivers because they accumulate fatigue both from the lifting 
of their unloading tasks and from 19-hour days.
    For these reasons, FMCSA has denied the applicant's request for 
exemption.

    Issued on: July 11, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-15022 Filed 7-17-17; 8:45 am]
 BILLING CODE 4910-EX-P