Hours of Service of Drivers: Association of American Railroads and American Short Line and Regional Railroad Association; Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
20 August 2020

[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
[Notices]
[Pages 51546-51548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18215]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0171]


Hours of Service of Drivers: Association of American Railroads 
and American Short Line and Regional Railroad Association; 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 the 
Association of American Railroads and American Short Line and Regional 
Railroad Association (the Associations) on behalf of themselves and 
member railroads for an exemption from the following hours of service 
(HOS) provisions: (1) Driving a property-carrying commercial motor 
vehicle (CMV) without first taking 10 consecutive hours off duty, (2) 
driving after the 14th hour after coming on duty, (3) driving more than 
11 hours during the 14-hour period after coming on duty, (4) driving if 
more than 8 hours have passed since the end of the last off-duty or 
sleeper-berth period of at lest 30 minutes, and (5) driving after 
accumulating 60 hours of on-duty time in 7 consecutive days (60-hour 
rule), or 70 hours of on-duty time in 8 consecutive days (70-hour 
rule). The exemption would enable railroad employees subject to the HOS 
rules to respond to unplanned events that occur outside of or extend 
beyond the employee's normal work hours. FMCSA requests public comment 
on the Associations' application for exemption.

DATES: Comments must be received on or before September 21, 2020.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2020-0171 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

[[Page 51547]]

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. To be sure someone is there to help you, 
please call (202) 366-9317 or (202) 366-9826 before visiting Docket 
Operations. 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: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: (202) 366-4225; 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-2020-0171), 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-2020-0171'' 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.

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. 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. Background

    Under 49 CFR 395.3(a) a property carrying commercial motor vehicle 
driver may not drive without first taking 10 consecutive hours off 
duty. Additionally, the driver may only drive a total of 11 hours 
during a period of 14 consecutive hours after coming on duty following 
10 consecutive hours off duty. Section 395.3(a)(3)(ii) currently 
prohibits driving if more than 8 hours have passed since the end of the 
driver's last off-duty or sleeper-berth period of at least 30 minutes. 
However, under the amended rule adopted on June 1, 2020 [85 FR 33396], 
which becomes effective on September 29, 2020, driving is not permitted 
if more than 8 hours of driving time have passed without at least a 
consecutive 30-minute interruption in driving status. The 30-minute 
break may be taken as off-duty, on-duty/not-driving, or sleeper-berth 
time, or any combination thereof. Under 49 CFR 395.3(b) no motor 
carrier shall permit or require a driver of a property-carrying 
commercial motor vehicle to driver, nor shall any driver drive a 
property-carrying commercial motor vehicle, regardless of the number of 
motor carriers using the driver's services, for any period after having 
been on duty 60 hours in any period of 7 consecutive days or having 
been on duty 70 hours in any period of 8 consecutive days.
    On October 11, 2018, the Associations submitted a similar exemption 
request (83 FR 64929.) The request was later withdrawn by the 
Associations and a new request has been submitted. The Associations 
contend that the HOS prohibitions on driving after a 14-hour period, 
and after 60 or 70 hours on duty in a moving 7- or 8-day ``week'' 
inhibit a railroad's ability to respond expeditiously to certain types 
of emergency situations. For this reason the Associations request that 
a railroad employee responding to an unplanned event that affects 
interstate commerce, service or the safety of railway operations, 
including passenger rail operations, and that occurs outside of or 
extends beyond the employee's normal shift, be exempt from the 
provisions in 49 CFR part 395.3(a) and (b).
    A copy of the exemption application is available for review in the 
docket for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on the Associations' exemption 
application. All comments received before the close of business on the 
comment closing date indicated at the beginning of this notice will be 
considered and will be available for examination in the docket at the 
location listed under the Addresses section of this notice. Comments

[[Page 51548]]

received after the comment closing date will be filed in the public 
docket and will be considered to the extent practicable. In addition to 
late comments, FMCSA will also continue to file, in the public docket, 
relevant information that becomes available after the comment closing 
date. Interested persons should continue to examine the public docket 
for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-18215 Filed 8-19-20; 8:45 am]
BILLING CODE 4910-EX-P