80 FR 25004 - Hours of Service of Drivers: Application for Exemption; American Trucking Associations, Inc.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 84 (May 1, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 84 (May 1, 2015)
| Page Range | 25004-25005 | |
| FR Document | 2015-10200 |
[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)] [Notices] [Pages 25004-25005] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10200] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0012] Hours of Service of Drivers: Application for Exemption; American Trucking Associations, Inc. AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that the American Trucking Associations, Inc. (ATA) has applied for an exemption from the Federal hours-of-service (HOS) regulations that prohibit commercial motor vehicle (CMV) drivers from driving a CMV if more than 8 consecutive hours have passed since the driver's last off-duty or sleeper-berth period of 30 minutes or more. ATA is requesting the exemption on behalf of all motor carriers that transport hazardous materials (HM) shipments requiring security plans under regulations of the Pipeline and Hazardous Materials Safety Administration (PHMSA). These plans normally require a driver to ``attend'' such cargo while the CMV is stopped, which would be an on- duty activity. This forces drivers to choose between FMCSA's off-duty rest break requirement and compliance with PHMSA's security plans, many of include an on-duty ``attendance'' requirement. ATA proposes that drivers transporting HM for motor carriers required to file security plans be allowed to count their on-duty ``attendance'' time for any HM cargo toward the required 30-minute rest break requirement, provided the drivers perform no other on-duty activity. The exemption would thus resemble Section 397.7, which requires drivers transporting certain explosives constantly to ``attend'' their load, while Section 395.1(q) allows them to count ``attendance'' time toward their rest break. FMCSA requests public comments on the request for exemption. DATES: Comments must be received on or before June 1, 2015. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA-2015-0012 by any of the following methods:Federal eRulemaking Portal: www.regulations.gov. Follow the online instructions for submitting comments. Fax: 1-202-493-2251. 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. Instructions: All submissions must include the Agency name and docket number. For detailed instructions on submitting comments and additional information on the exemption process, see the Public Participation heading below. Note that all comments received will be posted without change to www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov at any time and in the box labeled ``SEARCH for'' enter FMCSA-2015-0012 and click on the tab labeled ``SEARCH.'' 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. Public Participation: The Federal eRulemaking Portal is available 24 hours each day, 365 days each year. You can get electronic submission and retrieval help and guidelines under the ``help'' section of the Federal eRulemaking Portal Web site. If you want us to notify you that we received your comments, please include a self-addressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments online. FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477; Email: [email protected]. SUPPLEMENTARY INFORMATION: Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from 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 the safety analyses and the public comments, 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 reason for the grant or denial, and, if granted, the specific person or class of persons receiving the exemption, and the regulatory provision or provisions from which exemption is granted. The notice must also specify the effective period of the exemption (up to 2 years), and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). [[Page 25005]] Request for Exemption Under 49 CFR 172.800-804, administered by PHMSA, carriers of certain security-sensitive HM must develop special plans that account for personnel, cargo, and en route security. Although not mandatory, ``constant attendance'' of the cargo is included by most carriers in their security plans. ``Constant attendance'' on a CMV is considered ``on duty time,'' as defined in 49 CFR 395.2. However, CMV drivers are subject to rest break requirements in Section 395.3(a)(3)(ii), which prohibit them from driving a CMV if more than 8 consecutive hours have passed since the driver's last off-duty or sleeper-berth period of 30 minutes or more. Drivers who are required by their carrier's HM security plan to maintain constant on-duty attendance on the CMV whenever stopped, cannot also comply with the off-duty rest break requirement of Section 395.3(a)(3)(ii). Section 397.5 requires drivers transporting cargo classified as Division 1.1, 1.2, or 1.3 (explosive) materials to attend the cargo at all times. There is no regulatory conflict for these drivers, however, because Section 395.1(q) specifically allows them to count up to 30 minutes of their on-duty attendance time toward the rest break requirement, provided that they perform no other on-duty activities during that period. ATA initially asked FMCSA ``to clarify that drivers can exercise constant attendance over a vehicle without having to remain on duty.'' After discussion with Agency officials, however, ATA agreed that its request should be treated as an exemption application. All correspondence on this issue has been placed in the docket listed at the beginning of this notice. The exemption request has been filed on behalf of all carriers whose drivers transport HM loads requiring placarding under 49 CFR part 172, subpart F, or select agents and toxins identified in Section 172.800(b)(13) that do not require placarding, and who have filed security plans requiring constant attendance of HM in accordance with Sections 172.800-804. The HM load being transported would not itself have to come under the provisions of Sections 172.800-804, because it would be too difficult for drivers and enforcement officials to determine at roadside whether Sections 182.800-804 applied to any individual load. Only drivers operating under the authority of carriers that have filed security plans under Sections 172.800-804 and who are transporting loads that require placarding or contain a select agent or toxin identified in Section 172.800(b)(13) would be eligible for this exemption. Drivers operating under this exemption could count up to 30 minutes of their on-duty attendance time toward a required rest break, provided that they perform no other on-duty activities during the rest-break period. The driver would be required to annotate the record of duty status (``log book'') to show the time claimed as a rest break was on-duty time because he/she was required to follow the carrier's security plan, which in turn required ``attendance'' on an HM load. It should be noted that a carrier or driver would have no reason to claim to be operating under this exemption unless it was necessary to do so to avoid a regulatory conflict. While under the exemption, if granted, the driver's rest-break time would be on-duty and count against the 60 or 70-hour on-duty limit. A rest break taken without using this exemption would be off-duty and not be included in the 60/70 hour limit. ATA contends that allowing these drivers to count up to 30 minutes of their attendance time toward a required rest break, provided they perform no other on-duty activities during the break, would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation because the attendance duty would be unlikely to contribute to driver fatigue. ATA further contends that allowing these drivers to count up to 30 minutes of their attendance time toward a required rest break would provide security benefits superior to the current practices. Request for Comments In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA requests public comment on ATA's application for an exemption from the rest-break requirements of Section 395.3(a)(3)(ii). The Agency will consider all comments received by close of business on June 1, 2015. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. To the extent practicable, the Agency will consider comments received in the public docket after the closing date of the comment period. Issued on: April 22, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-10200 Filed 4-30-15; 8:45 am] BILLING CODE 4910-EX-P
![25004 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices
EMC states that ‘‘If the exception is requesting the exemption on behalf of FMCSA–2015–0012 and click on the tab
not granted, the entertainers will suffer all motor carriers that transport labeled ‘‘SEARCH.’’
serious disruption to their tour hazardous materials (HM) shipments Privacy Act: In accordance with 5
schedules. Denial of the exemption will requiring security plans under U.S.C. 553(c), DOT solicits comments
also lead to significant economic regulations of the Pipeline and from the public to better inform its
impacts due to the failure of the Hazardous Materials Safety rulemaking process. DOT posts these
entertainers to be able to appear as Administration (PHMSA). These plans comments, without edit, including any
scheduled. The substantial disruption is normally require a driver to ‘‘attend’’ personal information the commenter
not merited by any insistence on the such cargo while the CMV is stopped, provides, to www.regulations.gov, as
strict construction of any overly broad which would be an on-duty activity. described in the system of records
requirement that does not take the This forces drivers to choose between notice (DOT/ALL–14 FDMS), which can
unique circumstances of Entertainer FMCSA’s off-duty rest break be reviewed at www.dot.gov/privacy.
Coaches into account.’’ requirement and compliance with Public Participation: The Federal
Request for Comments PHMSA’s security plans, many of eRulemaking Portal is available 24
include an on-duty ‘‘attendance’’ hours each day, 365 days each year. You
In accordance with 49 U.S.C. 31315 requirement. ATA proposes that drivers
and 31136(e), FMCSA requests public can get electronic submission and
transporting HM for motor carriers retrieval help and guidelines under the
comment from all interested persons on required to file security plans be
EMC’s application for an exemption ‘‘help’’ section of the Federal
allowed to count their on-duty eRulemaking Portal Web site. If you
from 49 CFR 393.62(a). All comments ‘‘attendance’’ time for any HM cargo
received before the close of business on want us to notify you that we received
toward the required 30-minute rest your comments, please include a self-
the comment closing date indicated at break requirement, provided the drivers
the beginning of this notice will be addressed, stamped envelope or
perform no other on-duty activity. The postcard, or print the acknowledgement
considered and will be available for exemption would thus resemble Section
examination in the docket at the page that appears after submitting
397.7, which requires drivers comments online.
location listed under the ADDRESSES transporting certain explosives
section of this notice. constantly to ‘‘attend’’ their load, while FOR FURTHER INFORMATION CONTACT:
Comments received after the comment Thomas L. Yager, Chief, FMCSA Driver
Section 395.1(q) allows them to count
closing date will be filed in the public and Carrier Operations Division; Office
‘‘attendance’’ time toward their rest
docket and will be considered to the of Carrier, Driver and Vehicle Safety
break. FMCSA requests public
extent practicable. In addition to late Standards; Telephone: 614–942–6477;
comments on the request for exemption.
comments, FMCSA will continue to file Email: MCPSD@dot.gov.
relevant information in the public DATES: Comments must be received on
or before June 1, 2015. SUPPLEMENTARY INFORMATION:
docket that becomes available after the
comment closing date. Interested ADDRESSES: You may submit comments Background
persons should continue to examine the identified by Federal Docket
public docket for new material. Management System Number FMCSA– FMCSA has authority under 49 U.S.C.
2015–0012 by any of the following 31136(e) and 31315 to grant exemptions
Issued on: April 24, 2015. from the Federal Motor Carrier Safety
methods:
Larry W. Minor, Regulations. FMCSA must publish a
• Federal eRulemaking Portal:
Associate Administrator for Policy. www.regulations.gov. Follow the online notice of each exemption request in the
[FR Doc. 2015–10202 Filed 4–30–15; 8:45 am] instructions for submitting comments. Federal Register (49 CFR 381.315(a)).
BILLING CODE 4910–EX–P • Fax: 1–202–493–2251. The Agency must provide the public an
• Mail: Docket Management Facility, opportunity to inspect the information
U.S. Department of Transportation, 1200 relevant to the application, including
DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., West Building, any safety analyses that have been
Ground Floor, Room W12–140, conducted. The Agency must also
Federal Motor Carrier Safety provide an opportunity for public
Washington, DC 20590–0001.
Administration
• Hand Delivery or Courier: West comment on the request.
[Docket No. FMCSA–2015–0012] Building, Ground Floor, Room W12– The Agency reviews the safety
140, 1200 New Jersey Avenue SE., analyses and the public comments, and
Hours of Service of Drivers: between 9 a.m. and 5 p.m. E.T., Monday determines whether granting the
Application for Exemption; American through Friday, except Federal holidays. exemption would likely achieve a level
Trucking Associations, Inc. Instructions: All submissions must of safety equivalent to, or greater than,
AGENCY: Federal Motor Carrier Safety include the Agency name and docket the level that would be achieved by the
Administration (FMCSA), DOT. number. For detailed instructions on current regulation (49 CFR 381.305).
ACTION: Notice of application for submitting comments and additional The decision of the Agency must be
exemption; request for comments. information on the exemption process, published in the Federal Register (49
see the Public Participation heading CFR 381.315(b)) with the reason for the
SUMMARY: FMCSA announces that the below. Note that all comments received grant or denial, and, if granted, the
American Trucking Associations, Inc. will be posted without change to specific person or class of persons
mstockstill on DSK4VPTVN1PROD with NOTICES
(ATA) has applied for an exemption www.regulations.gov, including any receiving the exemption, and the
from the Federal hours-of-service (HOS) personal information provided. Please regulatory provision or provisions from
regulations that prohibit commercial see the Privacy Act heading below. which exemption is granted. The notice
motor vehicle (CMV) drivers from Docket: For access to the docket to must also specify the effective period of
driving a CMV if more than 8 read background documents or the exemption (up to 2 years), and
consecutive hours have passed since the comments received, go to explain the terms and conditions of the
driver’s last off-duty or sleeper-berth www.regulations.gov at any time and in exemption. The exemption may be
period of 30 minutes or more. ATA is the box labeled ‘‘SEARCH for’’ enter renewed (49 CFR 381.300(b)).
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![Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices 25005
Request for Exemption 172.800(b)(13) would be eligible for this DEPARTMENT OF TRANSPORTATION
Under 49 CFR 172.800–804, exemption. Drivers operating under this
administered by PHMSA, carriers of exemption could count up to 30 Maritime Administration
certain security-sensitive HM must minutes of their on-duty attendance [Docket No. MARAD–2015–0045]
develop special plans that account for time toward a required rest break,
personnel, cargo, and en route security. provided that they perform no other on- Requested Administrative Waiver of
Although not mandatory, ‘‘constant duty activities during the rest-break the Coastwise Trade Laws: Vessel
attendance’’ of the cargo is included by period. MOKULANI; Invitation for Public
most carriers in their security plans. The driver would be required to Comments
‘‘Constant attendance’’ on a CMV is annotate the record of duty status (‘‘log AGENCY: Maritime Administration,
considered ‘‘on duty time,’’ as defined book’’) to show the time claimed as a Department of Transportation.
in 49 CFR 395.2. However, CMV drivers rest break was on-duty time because he/ ACTION: Notice.
are subject to rest break requirements in she was required to follow the carrier’s
Section 395.3(a)(3)(ii), which prohibit security plan, which in turn required SUMMARY: As authorized by 46 U.S.C.
them from driving a CMV if more than ‘‘attendance’’ on an HM load. 12121, the Secretary of Transportation,
8 consecutive hours have passed since as represented by the Maritime
It should be noted that a carrier or
the driver’s last off-duty or sleeper-berth Administration (MARAD), is authorized
period of 30 minutes or more. Drivers driver would have no reason to claim to
be operating under this exemption to grant waivers of the U.S.-build
who are required by their carrier’s HM requirement of the coastwise laws under
security plan to maintain constant on- unless it was necessary to do so to avoid
a regulatory conflict. While under the certain circumstances. A request for
duty attendance on the CMV whenever such a waiver has been received by
stopped, cannot also comply with the exemption, if granted, the driver’s rest-
break time would be on-duty and count MARAD. The vessel, and a brief
off-duty rest break requirement of description of the proposed service, is
Section 395.3(a)(3)(ii). against the 60 or 70-hour on-duty limit.
listed below.
Section 397.5 requires drivers A rest break taken without using this
exemption would be off-duty and not be DATES: Submit comments on or before
transporting cargo classified as Division June 1, 2015.
1.1, 1.2, or 1.3 (explosive) materials to included in the 60/70 hour limit.
ADDRESSES: Comments should refer to
attend the cargo at all times. There is no ATA contends that allowing these
docket number MARAD–2015–0045.
regulatory conflict for these drivers, drivers to count up to 30 minutes of Written comments may be submitted by
however, because Section 395.1(q) their attendance time toward a required hand or by mail to the Docket Clerk,
specifically allows them to count up to rest break, provided they perform no U.S. Department of Transportation,
30 minutes of their on-duty attendance other on-duty activities during the Docket Operations, M–30, West
time toward the rest break requirement, break, would likely achieve a level of Building Ground Floor, Room W12–140,
provided that they perform no other on- safety equivalent to, or greater than, the 1200 New Jersey Avenue SE.,
duty activities during that period. level that would be achieved by the Washington, DC 20590. You may also
ATA initially asked FMCSA ‘‘to current regulation because the send comments electronically via the
clarify that drivers can exercise constant attendance duty would be unlikely to Internet at http://www.regulations.gov.
attendance over a vehicle without contribute to driver fatigue. ATA further All comments will become part of this
having to remain on duty.’’ After contends that allowing these drivers to docket and will be available for
discussion with Agency officials, count up to 30 minutes of their inspection and copying at the above
however, ATA agreed that its request attendance time toward a required rest address between 10 a.m. and 5 p.m.,
should be treated as an exemption break would provide security benefits E.T., Monday through Friday, except
application. All correspondence on this superior to the current practices. federal holidays. An electronic version
issue has been placed in the docket
Request for Comments of this document and all documents
listed at the beginning of this notice.
entered into this docket is available on
The exemption request has been filed on
In accordance with 49 U.S.C. the World Wide Web at http://
behalf of all carriers whose drivers
31315(b)(4) and 31136(e), FMCSA www.regulations.gov.
transport HM loads requiring placarding
requests public comment on ATA’s FOR FURTHER INFORMATION CONTACT:
under 49 CFR part 172, subpart F, or
application for an exemption from the Linda Williams, U.S. Department of
select agents and toxins identified in
Section 172.800(b)(13) that do not rest-break requirements of Section Transportation, Maritime
require placarding, and who have filed 395.3(a)(3)(ii). The Agency will consider Administration, 1200 New Jersey
security plans requiring constant all comments received by close of Avenue SE., Room W23–453,
attendance of HM in accordance with business on June 1, 2015. Washington, DC 20590. Telephone 202–
Sections 172.800–804. The HM load Comments will be available for 366–0903, Email Linda.Williams@
being transported would not itself have examination in the docket at the dot.gov.
to come under the provisions of location listed under the ADDRESSES SUPPLEMENTARY INFORMATION: As
Sections 172.800–804, because it would section of this notice. To the extent described by the applicant the intended
be too difficult for drivers and practicable, the Agency will consider service of the vessel MOKULANI is:
enforcement officials to determine at comments received in the public docket Intended Commercial Use of Vessel:
mstockstill on DSK4VPTVN1PROD with NOTICES
roadside whether Sections 182.800–804 after the closing date of the comment Half day sailing tours, 6 pack.
applied to any individual load. Only period. Geographic Region: ‘‘Hawaii.’’
drivers operating under the authority of Issued on: April 22, 2015. The complete application is given in
carriers that have filed security plans DOT docket MARAD–2015–0045 at
Larry W. Minor,
under Sections 172.800–804 and who http://www.regulations.gov. Interested
are transporting loads that require Associate Administrator for Policy. parties may comment on the effect this
placarding or contain a select agent or [FR Doc. 2015–10200 Filed 4–30–15; 8:45 am] action may have on U.S. vessel builders
toxin identified in Section BILLING CODE 4910–EX–P or businesses in the U.S. that use U.S.-
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Document Created: 2018-02-21 10:21:09
Document Modified: 2018-02-21 10:21:09
| 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 application for exemption; request for comments. | |
| Dates | Comments must be received on or before June 1, 2015. | |
| Contact | Thomas L. Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477; Email: [email protected] | |
| FR Citation | 80 FR 25004 |
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