80 FR 16503 - Hours of Service of Drivers: McKee Foods Transportation, LLC, Application for Exemption
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 59 (March 27, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 59 (March 27, 2015)
| Page Range | 16503-16506 | |
| FR Document | 2015-07056 |
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)] [Notices] [Pages 16503-16506] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07056] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2014-0071] Hours of Service of Drivers: McKee Foods Transportation, LLC, Application for Exemption AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemption. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to grant an exemption to McKee Foods Transportation, LLC (MFT) from certain provisions of the Agency's hours-of-service (HOS) regulations. MFT proposed that its team drivers be granted an exemption from the HOS rules pertaining to use of a sleeper berth (SB). Current HOS rules require that all SB rest regimens include, in part, the use of an SB for at least 8 hours--combined with a separate period of at least 2 hours, either in the SB, off-duty or some combination of both--to gain the equivalent of at least 10 consecutive hours off duty. The exemption will allow MFT's team drivers 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. DATES: This exemption is effective March 27, 2015 and expires on March 27, 2016. FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325, Email: MCPSD@dot.gov, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Docket: For access to the docket to read background documents or comments submitted to notice requesting public comments on the exemption application, 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 [[Page 16504]] Friday, except Federal holidays. The on-line Federal document management system is available 24 hours each day, 365 days each year. The docket number is listed at the beginning of this notice. SUPPLEMENTARY INFORMATION: Background 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)). 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 and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Request for Exemption MFT is a private carrier that sells fresh snack food products under the Little Debbie, Sunbelt, and Drake's brands. MFT delivers products in interstate commerce to 48 states and parts of Canada from three manufacturing distribution centers and one stand-alone distribution center. MFT employs approximately 650 drivers, using more than 300 tractor-trailer combinations. MFT's average driver is on duty approximately 35-45 hours per week with the majority of the on-duty time split between driving and unloading the trailer. A typical trip averages six stops. Some of the trips make backhauls--both private and for-hire. The average round trip is about 1,000 miles. A team usually delivers two trailer loads per week, with time at home between most trips. MFT states that it operates on a routine weekly cycle. Each workweek contains a regular subset of daily cycles dispatching and returning long-, medium- and short-range trips. MFT advises that it has a constant flow of outbound and inbound trucks that allow it to continuously ship fresh-baked goods and return with backhauls of raw materials and other for-hire loads. The routine cycles allow most of the drivers to have regular schedules. Many of MFT's drivers are off duty at least 48 consecutive hours every week while many others are off duty at least 72 consecutive hours. MFT'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 current regulatory requirements. MFT advises that it takes driver safety, health and wellness seriously, and hires well-qualified drivers who go through a comprehensive orientation/new hire training program. MFT's trucks are equipped with automatic on-board recording devices (AOBRDs) that produce electronic records of duty status. MFT requested an exemption from the current regulations for its delivery shipments and backhaul activity 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)). MFT proposed that these 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 exemption would be limited to team drivers. MFT states that the activities of its team drivers involve both driving and offloading product to its customers. The drivers average approximately 53 hours per week on the road away from home. MFT states that approximately 30 percent of this time is spent in the sleeper. MFT contends that the experience of its drivers has demonstrated that sleeping in a moving vehicle is more difficult than in a stopped truck. According to MFT, having the flexibility to switch with a partner allows each driver to take advantage of shorter time periods when they may feel fatigued. MFT further stated, this will result in a more- flexible work pattern, allowing both drivers to perform warehouse functions together (to reduce driver unloading time and improve maneuvering in the warehouse), and improving personal and vehicular safety. MFT states that it is committed to maintaining its outstanding safety record by focusing on continuous improvement, promoting technologies to enhance safety, conducting thorough inspections and having well-communicated policies in place to address both safety and compliance-related topics. MFT identified some countermeasures it would take to maintain safe operations if the exemption is granted. The safeguards include, but are not limited to:Every week, all transportation operations shut down one hour prior to sundown on Friday until one hour after sundown on Saturday, resulting in an automatic minimum 26 hour off-duty home time for all drivers in addition to two or three days home time during the week; All tractors are equipped with speed limiters; Drivers use AOBRDs to track their duty time and HOS compliance; Drive time is reduced from 11 hours to 10 hours. Team drivers are limited to 10 hours of driving prior to completing their required 10 hours total SB. Behavior-based event data is monitored from the enhanced AOBRDs to improve safety measures already in place to help reduce the probability of accidents on the road. MFT believes that by allowing its team drivers to exercise flexibility in their SB requirements, the drivers would experience more quality rest. To support its request for the exemption, MFT cited the results of an FMCSA-sponsored study entitled ``Investigation of the Effects of Split Sleep Schedules on Commercial Vehicle Driver Safety and Health.'' \1\ The report noted ``that when consolidated nighttime sleep is not possible, split sleep is preferable to consolidated daytime sleep.'' (http://ntl.bts.gov/lib/51000/51200/51254/12-003-Split-Sleep_Investigation-of-the-Effects-of-Split-Sleep-Schedules-on-Commercial-Vehicle-Driver-Safety-and-Health-508.pdf) --------------------------------------------------------------------------- \1\ Belenky, G., Jackson, M.L., Tompkins, L., Satterfield, B., Bender, A., ``Investigation of the Effects of Split Sleep Schedules on Commercial Vehicle Driver Safety and Health,'' FMCSA, Dec. 2012. --------------------------------------------------------------------------- A copy of MFT's application for exemption is available for review in the docket for this notice. Public Comments On May 12, 2014, FMCSA published notice of this application, and asked for public comment (79 FR 27041). Twelve commenters responded. Eight commenters supported the application, three commenters opposed it and one individual commented but did not [[Page 16505]] indicate whether he supported or opposed the application. The three comments opposing the exemption were from two individuals and the Advocates for Highway and Auto Safety (Advocates). Mr. Charles McKown said, ``I am EXTREMELY opposed.'' Mr. Michael Millard said, ``The request for an exemption from the HOS sets in motion a slippery slope; whereas, if the FMCSA grants the exemption they are indicating the current HOS is not suitable for acquiring the needed rest. If FMCSA grants the exemption they can expect to be hounded by other motor carriers to participate in the exemption or submit a new exemption based on the individual carrier's needs. If the exemption is approved then it creates problems for MCSAP officers performing roadside inspections as the MCSAP officers would have to be trained on how to calculate the HOS sleeper berth provision costing the tax payers thousands if not hundreds of thousands of dollars in training the MCSAP officers.'' The Advocates stated that, ``The applicant has provided no definitive proof that the proposed alternative HOS, changing the sleeper berth requirements to allow sleeper berth periods to be broken into two periods of no less than 3 hours, would in any way ensure safety or address the agency's concerns regarding acute and cumulative fatigue which was the impetus for the requirement.'' The Advocates contend that the controls listed by MFT in no way constitute a safety analysis on par with that required by statute. Seven comments supporting the application were submitted by MFT employees. The American Trucking Associations, Inc. (ATA) also supports the exemption. The ATA said, ``ATA strongly supports McKee Foods Transportation, LLC's (MFT) application for exemption from 49 CFR 395.1(g)(1)(ii)(A)(1-2). ATA has long contended that the currently prescribed sleeper berth rules do not introduce enough flexibility into the delicate equation of driver rest, sleep and performance. MFT's application for exemption provides FMCSA with an excellent opportunity to observe the safety and, perhaps health benefits of allowing additional flexibility into sleeper berth utilization and should be granted without delay.'' All comments are available for review in the docket for this notice. FMCSA Response to Public Comments and Agency Decision Prior to publishing the Federal Register notice announcing the receipt of MFT's exemption request, FMCSA ensured that MFT has a current USDOT registration, minimum required levels of insurance, and is not subject to any ``imminent hazard'' or other out-of-service (OOS) orders. The Agency conducted a comprehensive evaluation of the safety performance history of the applicant during the review process. As part of this process, FMCSA reviewed its Motor Carrier Management Information System safety records for MFT, including inspection and accident reports submitted to FMCSA by State agencies. With regard to Mr. Millard's comments, the Agency does not believe that an exemption from the SB requirement is an indication that the current HOS is not suitable for acquiring needed rest. An exemption in this instance would only provide flexibility of how the 10 hours in the SB are split but does not reduce the 10 hour rest requirement. Split SB periods were allowed prior to 2003; therefore, many MCSAP officers remain familiar with it, and training others can be done economically through existing, continuing training methods. With regard to the Advocates comments, the Agency believes that the FMCSA-sponsored study entitled ``Investigation of the Effects of Split Sleep Schedules on Commercial Vehicle Driver Safety and Health'' \2\ cited by MFT provides a reasonable basis for an exemption of this type, which will enable FMCSA to observe the effects of split sleep in a real world context over a substantial time period. --------------------------------------------------------------------------- \2\ Belenky, G., Jackson, M.L., Tompkins, L., Satterfield, B., Bender, A.,''Investigation of the Effects of Split Sleep Schedules on Commercial Vehicle Driver Safety and Health,'' FMCSA, Dec. 2012. --------------------------------------------------------------------------- The Agency is well aware that preventing fatigue is a complex process taking into account numerous factors such as time of day, amount and timing of sleep, time awake and time on task. The Agency believes that the controls identified in MFT's application, including a 26-hour off duty period every week, reduction of daily driving time from 11 hours to 10 hours and monitoring data from AOBRDs, will ensure that safety is not adversely affected. The FMCSA has evaluated MFT's application, safety record, and the public comments. The Agency believes that MFT will likely achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption [49 CFR 381.305(a)], and grants the requested exemption covering the operations of team drivers employed by MFT. Terms and Conditions of the Exemption Period of the Exemption This exemption from the requirements of 49 CFR 395.1(g)(1)(ii)(A)(1-2)) is effective during the period of March 27, 2015 through March 27, 2016. The exemption will expire on March 27, 2016, 11:59 p.m. local time, unless renewed. Extent of the Exemption The team drivers employed by MFT are provided a limited exemption from the SB requirements of 49 CFR 395.1(g)(1)(ii)(A)(1-2)) to allow these drivers 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. Team drivers will use electronic logging devices to track records of duty status; have a minimum 26-hour off-duty period, at home, from Friday night to Saturday night; and, be limited to 10 hours of driving following their required 10 consecutive hours off duty, or the SB equivalent. Other Conditions The exemption is contingent upon MFT maintaining USDOT registration, minimum levels of public liability insurance, and not being subject to any ``imminent hazard'' or other OOS order issued by FMCSA. Each team driver covered by the exemption must maintain a valid CDL with the required endorsements, not be subject to any OOS order or suspension of driving privileges, and meet all physical qualifications required by 49 CFR part 391. Preemption During the period this exemption is in effect, no State may enforce any law or regulation that conflicts with or is inconsistent with the exemptions with respect to a person or entity operating under the exemptions (49 U.S.C. 31315(d)). FMCSA Accident Notification MFT must notify FMCSA within 5 business days of any accidents (as defined by 49 CFR 390.5) involving the operation of any of its CMVs while utilizing this exemption. The notification must be by email to MCPSD@DOT.GOV, and include the following information: a. Date of the accident, b. City or town, and State, in which the accident occurred, or which is closest to the scene of the accident, c. Driver's name and driver's license number, d. Vehicle number and State license number, [[Page 16506]] e. Number of individuals suffering physical injury, f. Number of fatalities, g. The police-reported cause of the accident, h. Whether the driver was cited for violation of any traffic laws, or motor carrier safety regulations, and i. The total driving time and the total on-duty time of the CMV driver at the time of the accident. Termination The FMCSA does not believe the team drivers covered by the exemption will experience any deterioration of their safety record. However, should this occur, FMCSA will take all steps necessary to protect the public interest, including revocation of the exemption. The FMCSA will immediately revoke the exemption for failure to comply with its terms and conditions. Issued on: March 19, 2015. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2015-07056 Filed 3-26-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices 16503
a duly authorized Federal, State, or local 2002–13411; FMCSA–2003–14223; and 5 p.m., e.t., Monday through Friday,
enforcement official. Each exemption FMCSA–2004–17984; FMCSA–2004– except Federal holidays.
will be valid for two years unless 19477; FMCSA–2005–20027; FMCSA– Issued on: March 19, 2015.
rescinded earlier by FMCSA. The 2007–27333; FMCSA–2008–0398; Larry W. Minor,
exemption will be rescinded if: (1) The FMCSA–2009–0054; FMCSA–2010–
Associate Administrator for Policy.
person fails to comply with the terms 0385), indicate the specific section of
and conditions of the exemption; (2) the this document to which each comment [FR Doc. 2015–07049 Filed 3–26–15; 8:45 am]
exemption has resulted in a lower level applies, and provide a reason for each BILLING CODE 4910–EX–P
of safety than was maintained before it suggestion or recommendation. You
was granted; or (3) continuation of the may submit your comments and
exemption would not be consistent with material online or by fax, mail, or hand DEPARTMENT OF TRANSPORTATION
the goals and objectives of 49 U.S.C. delivery, but please use only one of Federal Motor Carrier Safety
31136(e) and 31315. these means. FMCSA recommends that
Administration
you include your name and a mailing
III. Basis for Renewing Exemptions
address, an email address, or a phone [Docket No. FMCSA–2014–0071]
Under 49 U.S.C. 31315(b)(1), an number in the body of your document
exemption may be granted for no longer so the Agency can contact you if it has Hours of Service of Drivers: McKee
than two years from its approval date questions regarding your submission. Foods Transportation, LLC,
and may be renewed upon application To submit your comment online, got Application for Exemption
for additional two year periods. In to http://www.regulations.gov and put AGENCY: Federal Motor Carrier Safety
accordance with 49 U.S.C. 31136(e) and the docket number, ‘‘FMCSA–2000– Administration (FMCSA), DOT.
31315, each of the 26 applicants has 8398; FMCSA–2002–13411; FMCSA–
satisfied the entry conditions for ACTION: Notice of final disposition; grant
2003–14223; FMCSA–2004–17984;
obtaining an exemption from the vision FMCSA–2004–19477; FMCSA–2005– of application for exemption.
requirements (65 FR 78256; 66 FR 20027; FMCSA–2007–27333; FMCSA– SUMMARY: FMCSA announces its
16311; 67 FR 76439; 68 FR 10298; 68 FR 2008–0398; FMCSA–2009–0054; decision to grant an exemption to
10301; 68 FR 13360; 68 FR 19596; 69 FR FMCSA–2010–0385’’ in the ‘‘Keyword’’ McKee Foods Transportation, LLC
33997; 69 FR 61292; 69 FR 64806; 70 FR box, and click ‘‘Search.’’ When the new (MFT) from certain provisions of the
2701; 70 FR 2705; 70 FR 7543; 70 FR screen appears, click on ‘‘Comment Agency’s hours-of-service (HOS)
12265; 70 FR 16886; 70 FR 16887; 72 FR Now!’’ button and type your comment regulations. MFT proposed that its team
184; 72 FR 5489; 72 FR 11425; 72 FR into the text box in the following screen. drivers be granted an exemption from
11426; 72 FR 12666; 72 FR 18726; 72 FR Choose whether you are submitting your the HOS rules pertaining to use of a
25831; 74 FR 7097; 74 FR 8842; 74 FR comment as an individual or on behalf sleeper berth (SB). Current HOS rules
11988; 74 FR 11991; 74 FR 15584; 74 FR of a third party and then submit. If you require that all SB rest regimens
15586; 74 FR 21427; 74 FR 21796; 75 FR submit your comments by mail or hand include, in part, the use of an SB for at
77942; 76 FR 5425; 76 FR 21796; 76 FR delivery, submit them in an unbound least 8 hours—combined with a separate
25762; 78 FR 22596). Each of these 26 format, no larger than 81⁄2 by 11 inches, period of at least 2 hours, either in the
applicants has requested renewal of the suitable for copying and electronic SB, off-duty or some combination of
exemption and has submitted evidence filing. If you submit comments by mail both—to gain the equivalent of at least
showing that the vision in the better eye and would like to know that they 10 consecutive hours off duty. The
continues to meet the requirement reached the facility, please enclose a exemption will allow MFT’s team
specified at 49 CFR 391.41(b)(10) and stamped, self-addressed postcard or drivers to take the equivalent of 10
that the vision impairment is stable. In envelope. FMCSA will consider all consecutive hours off duty by splitting
addition, a review of each record of comments and material received during SB time into two periods totaling 10
safety while driving with the respective the comment period and may change
hours, provided neither of the two
vision deficiencies over the past two this notice based on your comments.
periods is less than 3 hours.
years indicates each applicant continues Viewing Comments and Documents DATES: This exemption is effective
to meet the vision exemption
To view comments, as well as any March 27, 2015 and expires on March
requirements. These factors provide an
documents mentioned in this preamble 27, 2016.
adequate basis for predicting each
driver’s ability to continue to drive as being available in the docket, go to FOR FURTHER INFORMATION CONTACT: Mrs.
safely in interstate commerce. http://www.regulations.gov and in the Pearlie Robinson, Driver and Carrier
Therefore, FMCSA concludes that search box insert the docket number, Operations Division; Office of Carrier,
extending the exemption for each ‘‘FMCSA–2000–8398; FMCSA–2002– Driver and Vehicle Safety Standards;
renewal applicant for a period of two 13411; FMCSA–2003–14223; FMCSA– Telephone: 202–366–4325, Email:
years is likely to achieve a level of safety 2004–17984; FMCSA–2004–19477; MCPSD@dot.gov, Federal Motor Carrier
equal to that existing without the FMCSA–2005–20027; FMCSA–2007– Safety Administration, 1200 New Jersey
exemption. 27333; FMCSA–2008–0398; FMCSA– Avenue SE., Washington, DC 20590–
2009–0054; FMCSA–2010–0385’’ in the 0001.
IV. Public Participation and Request for ‘‘Keyword’’ box and click ‘‘Search.’’ Docket: For access to the docket to
Comments Next, click ‘‘Open Docket Folder’’ read background documents or
mstockstill on DSK4VPTVN1PROD with NOTICES
FMCSA encourages you to participate button choose the document listed to comments submitted to notice
by submitting comments and related review. If you do not have access to the requesting public comments on the
materials. Internet, you may view the docket exemption application, go to
online by visiting the Docket www.regulations.gov at any time or visit
Submitting Comments Management Facility in Room W12–140 Room W12–140 on the ground level of
If you submit a comment, please on the ground floor of the DOT West the West Building, 1200 New Jersey
include the docket number for this Building, 1200 New Jersey Avenue SE., Avenue SE., Washington, DC, between 9
notice (FMCSA–2000–8398; FMCSA– Washington, DC 20590, between 9 a.m. a.m. and 5 p.m., ET, Monday through
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indicate whether he supported or ensured that MFT has a current USDOT Terms and Conditions of the Exemption
opposed the application. registration, minimum required levels of
The three comments opposing the Period of the Exemption
insurance, and is not subject to any
exemption were from two individuals ‘‘imminent hazard’’ or other out-of- This exemption from the
and the Advocates for Highway and service (OOS) orders. The Agency requirements of 49 CFR
Auto Safety (Advocates). Mr. Charles conducted a comprehensive evaluation 395.1(g)(1)(ii)(A)(1–2)) is effective
McKown said, ‘‘I am EXTREMELY of the safety performance history of the during the period of March 27, 2015
opposed.’’ Mr. Michael Millard said, applicant during the review process. As through March 27, 2016. The exemption
‘‘The request for an exemption from the part of this process, FMCSA reviewed will expire on March 27, 2016, 11:59
HOS sets in motion a slippery slope; its Motor Carrier Management p.m. local time, unless renewed.
whereas, if the FMCSA grants the Information System safety records for Extent of the Exemption
exemption they are indicating the MFT, including inspection and accident
current HOS is not suitable for acquiring reports submitted to FMCSA by State The team drivers employed by MFT
the needed rest. If FMCSA grants the agencies. are provided a limited exemption from
exemption they can expect to be With regard to Mr. Millard’s the SB requirements of 49 CFR
hounded by other motor carriers to comments, the Agency does not believe 395.1(g)(1)(ii)(A)(1–2)) to allow these
participate in the exemption or submit that an exemption from the SB drivers to split SB time into two periods
a new exemption based on the requirement is an indication that the totaling at least 10 hours, provided
individual carrier’s needs. If the current HOS is not suitable for acquiring neither of the two periods is less than
exemption is approved then it creates needed rest. An exemption in this 3 hours in length. Team drivers will use
problems for MCSAP officers instance would only provide flexibility electronic logging devices to track
performing roadside inspections as the of how the 10 hours in the SB are split records of duty status; have a minimum
MCSAP officers would have to be but does not reduce the 10 hour rest 26-hour off-duty period, at home, from
trained on how to calculate the HOS requirement. Split SB periods were Friday night to Saturday night; and, be
sleeper berth provision costing the tax allowed prior to 2003; therefore, many limited to 10 hours of driving following
payers thousands if not hundreds of MCSAP officers remain familiar with it, their required 10 consecutive hours off
thousands of dollars in training the and training others can be done duty, or the SB equivalent.
MCSAP officers.’’ economically through existing,
The Advocates stated that, ‘‘The Other Conditions
continuing training methods.
applicant has provided no definitive With regard to the Advocates The exemption is contingent upon
proof that the proposed alternative HOS, comments, the Agency believes that the MFT maintaining USDOT registration,
changing the sleeper berth requirements FMCSA-sponsored study entitled minimum levels of public liability
to allow sleeper berth periods to be ‘‘Investigation of the Effects of Split insurance, and not being subject to any
broken into two periods of no less than Sleep Schedules on Commercial Vehicle ‘‘imminent hazard’’ or other OOS order
3 hours, would in any way ensure safety Driver Safety and Health’’ 2 cited by issued by FMCSA. Each team driver
or address the agency’s concerns MFT provides a reasonable basis for an covered by the exemption must
regarding acute and cumulative fatigue exemption of this type, which will maintain a valid CDL with the required
which was the impetus for the enable FMCSA to observe the effects of endorsements, not be subject to any
requirement.’’ The Advocates contend split sleep in a real world context over OOS order or suspension of driving
that the controls listed by MFT in no a substantial time period. privileges, and meet all physical
way constitute a safety analysis on par The Agency is well aware that qualifications required by 49 CFR part
with that required by statute. Seven preventing fatigue is a complex process 391.
comments supporting the application taking into account numerous factors Preemption
were submitted by MFT employees. such as time of day, amount and timing
The American Trucking Associations, During the period this exemption is in
of sleep, time awake and time on task. effect, no State may enforce any law or
Inc. (ATA) also supports the exemption.
The Agency believes that the controls regulation that conflicts with or is
The ATA said, ‘‘ATA strongly supports
identified in MFT’s application, inconsistent with the exemptions with
McKee Foods Transportation, LLC’s
including a 26-hour off duty period respect to a person or entity operating
(MFT) application for exemption from
every week, reduction of daily driving under the exemptions (49 U.S.C.
49 CFR 395.1(g)(1)(ii)(A)(1–2). ATA has
time from 11 hours to 10 hours and 31315(d)).
long contended that the currently
monitoring data from AOBRDs, will
prescribed sleeper berth rules do not
ensure that safety is not adversely FMCSA Accident Notification
introduce enough flexibility into the
affected. MFT must notify FMCSA within 5
delicate equation of driver rest, sleep
The FMCSA has evaluated MFT’s business days of any accidents (as
and performance. MFT’s application for
application, safety record, and the defined by 49 CFR 390.5) involving the
exemption provides FMCSA with an
public comments. The Agency believes operation of any of its CMVs while
excellent opportunity to observe the
that MFT will likely achieve a level of utilizing this exemption. The
safety and, perhaps health benefits of
safety that is equivalent to, or greater notification must be by email to
allowing additional flexibility into
than, the level of safety achieved MCPSD@DOT.GOV, and include the
sleeper berth utilization and should be
without the exemption [49 CFR following information:
granted without delay.’’
381.305(a)], and grants the requested
mstockstill on DSK4VPTVN1PROD with NOTICES
All comments are available for review a. Date of the accident,
in the docket for this notice. exemption covering the operations of b. City or town, and State, in which
team drivers employed by MFT. the accident occurred, or which is
FMCSA Response to Public Comments closest to the scene of the accident,
and Agency Decision 2 Belenky, G., Jackson, M.L., Tompkins, L.,
c. Driver’s name and driver’s license
Satterfield, B., Bender, A.,’’Investigation of the
Prior to publishing the Federal Effects of Split Sleep Schedules on Commercial
number,
Register notice announcing the receipt Vehicle Driver Safety and Health,’’ FMCSA, Dec. d. Vehicle number and State license
of MFT’s exemption request, FMCSA 2012. number,
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e. Number of individuals suffering on the DOE’s application for renewal of questions on viewing or submitting
physical injury, the exemption. material to the docket, contact Docket
f. Number of fatalities, DATES: Comments must be received on Services, telephone (202) 366–9826.
g. The police-reported cause of the or before April 27, 2015. The proposed SUPPLEMENTARY INFORMATION:
accident, exemption renewal would be effective
h. Whether the driver was cited for Background
from June 30, 2015 through June 30,
violation of any traffic laws, or motor 2017. FMCSA has authority under 49 U.S.C.
carrier safety regulations, and 31136(e) and 31315 to grant exemptions
ADDRESSES: You may submit comments
i. The total driving time and the total from certain parts of the Federal Motor
bearing the Federal Docket Management Carrier Safety Regulations. FMCSA must
on-duty time of the CMV driver at the
System (FDMS) Docket ID FMCSA– publish a notice of each exemption
time of the accident.
2012–0370 using any of the following request in the Federal Register (49 CFR
Termination methods: 381.315(a)). The Agency must provide
• Federal eRulemaking Portal: Go to the public an opportunity to inspect the
The FMCSA does not believe the team
www.regulations.gov. Follow the on-line information relevant to the application,
drivers covered by the exemption will
instructions for submitting comments. including any safety analyses that have
experience any deterioration of their
• Mail: Docket Management Facility; been conducted. The Agency must also
safety record. However, should this
U.S. Department of Transportation, 1200 provide an opportunity for public
occur, FMCSA will take all steps
New Jersey Avenue SE., West Building comment on the request.
necessary to protect the public interest,
Ground Floor, Room W12–140, The Agency reviews safety analyses
including revocation of the exemption.
Washington, DC 20590–0001. and public comments submitted, and
The FMCSA will immediately revoke • Hand Delivery or Courier: West
the exemption for failure to comply determines whether granting the
Building Ground Floor, Room W12–140, exemption would likely achieve a level
with its terms and conditions. 1200 New Jersey Avenue SE., of safety equivalent to, or greater than,
Issued on: March 19, 2015. Washington, DC, between 9 a.m. and 5 the level that would be achieved by the
T.F. Scott Darling, III, p.m., ET, Monday through Friday, current regulation (49 CFR 381.305).
Acting Administrator. except Federal Holidays. The decision of the Agency must be
[FR Doc. 2015–07056 Filed 3–26–15; 8:45 am] • Fax: 1–202–493–2251. published in the Federal Register (49
BILLING CODE 4910–EX–P
Each submission must include the CFR 381.315(b)) with the reasons for
Agency name and the docket number for denying or granting the application and,
this notice. Note that DOT posts all if granted, the name of the person or
DEPARTMENT OF TRANSPORTATION comments received without change to class of persons receiving the
www.regulations.gov, including any exemption, and the regulatory provision
Federal Motor Carrier Safety personal information included in a from which the exemption is granted.
Administration comment. Please see the Privacy Act The notice must also specify the
heading below. effective period and explain the terms
[Docket No. FMCSA–2012–0370] Docket: For access to the docket to and conditions of the exemption. The
read background documents or exemption may be renewed (49 CFR
Hours of Service (HOS) of Drivers; U.S. comments, go to www.regulations.gov at
Department of Energy (DOE); 381.300(b)).
any time or visit Room W12–140 on the
Application for Renewal of Exemption ground level of the West Building, 1200 Request for Exemption
AGENCY: Federal Motor Carrier Safety New Jersey Avenue SE., Washington, Certain motor carriers under contract
Administration (FMCSA), DOT. DC, between 9 a.m. and 5 p.m., ET, to the U.S. Department of Energy (DOE)
ACTION: Notice of application for Monday through Friday, except Federal transport ‘‘security-sensitive radioactive
renewal of exemption; request for holidays. The on-line Federal document materials.’’ DOE requests a renewal of a
comments. management system is available 24 limited exemption from the hours-of-
hours each day, 365 days each year. If service (HOS) regulation pertaining to
SUMMARY: FMCSA has received an you want acknowledgment that we rest breaks [49 CFR 395.3(a)(3)(ii)] to
application from the U.S. Department of received your comments, please include allow contract driver-employees
Energy (DOE) for a renewal of its a self-addressed, stamped envelope or transporting security-sensitive
exemption from the 30-minute rest postcard or print the acknowledgement radioactive materials to be treated the
break provision of the Agency’s hours- page that appears after submitting same as drivers transporting explosives,
of-service (HOS) regulations for comments on-line. as provided in § 395.1(q). Section
commercial motor vehicle (CMV) Privacy Act: In accordance with 5 395.1(q) states that operators of CMVs
drivers. DOE currently holds an U.S.C. 553(c), DOT solicits comments carrying Division 1.1, 1.2, or 1.3
exemption for the period July 1, 2013, from the public to better inform its explosives subject to the requirement for
through June 30, 2015, which enables rulemaking process. DOT posts these a 30-minute rest break in § 395.3(a)(3)(ii)
DOE’s contract motor carriers and their comments, without edit, including any may use 30 minutes or more of
employee-drivers engaged in the personal information the commenter ‘‘attendance time’’ to meet the
transportation of security-sensitive provides, to www.regulations.gov, as requirement for a rest break. Section
radioactive materials to be treated described in the system of records 395.1(q) allows drivers who are required
notice (DOT/ALL–14 FDMS), which can
mstockstill on DSK4VPTVN1PROD with NOTICES
similarly to drivers of shipments of by § 397.5 to attend a motor vehicle
explosives. The exemption renewal be reviewed at www.dot.gov/privacy. transporting certain types of explosives
would allow these exempted drivers to FOR FURTHER INFORMATION CONTACT: Mr. but perform no other work, to log at
use 30 minutes or more of ‘‘attendance Richard Clemente, FMCSA Driver and least a half-hour of their ‘‘attendance
time’’ to meet the HOS rest break Carrier Operations Division; Office of time’’ toward the break.
requirements providing they do not Carrier, Driver and Vehicle Safety DOE contends that shipments of
perform any other work during the Standards; Telephone: 202–366–4325. security-sensitive radioactive materials
break. FMCSA requests public comment Email: MCPSD@dot.gov. If you have require a team of two drivers and the
VerDate Sep<11>2014 20:59 Mar 26, 2015 Jkt 235001 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1](https://thefederalregister.org/doc/80_FR_16562/page/4.svg)
Document Created: 2015-12-18 11:36:42
Document Modified: 2015-12-18 11:36:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final disposition; grant of application for exemption. | |
| Dates | This exemption is effective March 27, 2015 and expires on March 27, 2016. | |
| Contact | Mrs. Pearlie Robinson, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325, Email: [email protected], Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. | |
| FR Citation | 80 FR 16503 |
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