80 FR 31961 - Hours of Service of Drivers: Trailways Companies Application for Exemption Renewal
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 107 (June 4, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 107 (June 4, 2015)
| Page Range | 31961-31962 | |
| FR Document | 2015-13653 |
[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)] [Notices] [Pages 31961-31962] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13653] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2012-0268] Hours of Service of Drivers: Trailways Companies Application for Exemption Renewal 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 Adirondack Trailways, Pine Hill Trailways, New York Trailways (``Trailways'') and all other regular-route passenger carriers and their drivers a renewal of their exemption from the hours-of-service (HOS) record of duty status (RODS) requirement to enter a change in duty status on the daily log for breaks in driving time of 10 minutes or less, for the limited purpose of picking up or dropping off passengers, baggage, or small express packages. FMCSA extended the exemption to all regular-route passenger carriers and their drivers rather than limiting it to Trailways' drivers. The renewal of the exemption will allow these drivers to perform their daily duties without having to record entries in the daily log for breaks in driving time of 10 minutes or less. Such activity will not be considered a change of duty status for the purposes of 49 CFR 395.8(c). DATES: This exemption is effective from May 31, 2015 through May 31, 2017. FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, FMCSA 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. Docket: For access to the docket to read background documents or comments submitted to the 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 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: Trailways Application for Exemption The HOS rule in 49 CFR 395.8 requires every commercial motor vehicle (CMV) driver to record his or her duty status for each 24-hour period using methods described in that section. Section 395.8(c) describes the manner in which each change of duty status must be recorded. Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption from the HOS requirements for up to 2 years if it finds such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. The procedures for requesting an exemption (including renewals) are prescribed in 49 CFR part 381. Trailways' initial application for relief from the HOS RODs rule was submitted in 2012; a copy of the application is in the docket identified at the beginning of this notice. The 2012 application describes fully the nature of Trailways' operations. On May 31, 2013, FMCSA granted the exemption to Trailways and all other regular route passenger carriers and their drivers for the period from May 31, 2013, through May 31, 2015 (78 FR 32701). Trailways' application for a renewal of the exemption is for fixed- route carriers and their drivers who are often away from the controls of the vehicle for less than 10 minutes to assist passengers or make passenger pick-ups and drop-offs along the route. Trailways' advised that, until March 2011, they and other motor carriers had been operating in accordance with a 1996 interpretation of 49 CFR 395.8(c) issued by the Federal Highway Administration (FHWA). The 1996 interpretation allowed regular-route passenger carrier CMV drivers not to record a location entry on the driver's RODS for non-driving periods of less than 10 minutes. The RODS simply showed the stop as driving time. In March 2011, New York State officials began enforcing the rule literally, requiring that a change in duty status be entered on the log any time the driver leaves the operating controls of the CMV. Trailways was concerned that the violations would have a negative effect on the companies' and the drivers' Compliance Safety Accountability ratings, as well as schedules and passenger service because of the delays needed to make the entries. Trailways requested that their drivers with regularly scheduled routes be exempted from changing their duty status from ``driving'' to ``on-duty not driving'' when making stops of less than 10 minutes. Trailways noted that the exemption would reduce the amount of total time a driver can drive in a duty period. Without the exemption, the times drivers spend at stops to load passengers, freight, etc. would be logged as on-duty/not driving, increasing the driving time available, but creating an additional administrative distraction every time the driver leaves the controls, regardless of the reason or the limited amount of time away from the vehicle controls. Trailways further advised that its carriers provide flag stops and that having to update the log at each flag stop increases the length of time the motorcoach may delay traffic while waiting for the pick-up and/or discharge of passengers and luggage, and then waiting for the driver to update the log. According to Trailways, in many instances the large number of brief stops will not fit on the log if the driver makes all of the required entries. [[Page 31962]] Trailways noted that the maximum possible driving time would be reduced and that traffic congestion could be reduced. FMCSA believes this will ensure that operations under the exemption will be at least as safe as operations that comply with the requirements on change of duty status. As in 2013, FMCSA extends the renewed exemption to all regular- route for-hire passenger-carrier drivers because they presumably operate in much the same manner as Trailways. Including all such drivers in the exemption will preclude the need for other carriers to file identical exemption requests, and will provide for consistent enforcement because the same provisions would be applied to all similar scenarios involving brief stops by drivers of these carriers during their regular-route operations. Copies of Trailways' original and renewal applications are available for review in the docket for this notice. Public Comments On March 18, 2015, FMCSA published notice of this application, and asked for public comment (80 FR 14229). Only one comment was submitted, and it supported the renewal of the exemption. The comment is available for review in the docket for this notice. FMCSA Decision The FMCSA has evaluated Trailways' application for renewal of the exemption and the public comment. The Agency believes that Trailways 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)). During the 2-year period of the current exemption, only one accident was reported while operating under the exemption, and the motorcoach driver was determined to not be at fault. Terms of the Exemption Period of the Exemption The exemption from the HOS record of duty status requirements of 49 CFR 395.8(c) is granted for the period from 12:01 a.m. on May 31, 2015 through 11:59 p.m. on May 31, 2017. Extent of the Exemption The exemption is restricted to drivers employed by Trailways and other regular-route for-hire passenger carriers. Instead of complying with the provisions in 49 CFR 395.8(c), these drivers are exempted from changing their duty status from ``driving'' to ``on-duty not driving'' when making stops of less than 10 minutes. These drivers must comply with all other applicable provisions of the Federal Motor Carrier Safety Regulations (49 CFR parts 350-399). 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. Notification to FMCSA Trailways and other regular-route for-hire passenger-carriers utilizing this exemption must notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5), involving any of the motor carrier's CMVs operating under the terms of this exemption. The notification must include the following information: a. Name of operating motor carrier and USDOT number, b. Date of the accident, c. City or town, and State, in which the accident occurred, or closest to the accident scene, d. Driver's name and license number and State of issuance, e. Vehicle number and State license plate number, f. Number of individuals suffering physical injury, g. Number of fatalities, h. The police-reported cause of the accident, i. Whether the driver was cited for violation of any traffic laws or motor carrier safety regulations, and j. 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 [email protected]. Termination FMCSA does not believe the carriers and drivers covered by this 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 or restriction of the exemption. The FMCSA will immediately revoke or restrict the exemption for failure to comply with its terms and conditions. Issued on: May 27, 2015. T.F. Scott Darling, III, Chief Counsel. [FR Doc. 2015-13653 Filed 6-3-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices 31961
Richard A. Frazier, Jr.—Mr. Frazier (HOS) record of duty status (RODS) the docket identified at the beginning of
has a history of an episode of loss of requirement to enter a change in duty this notice. The 2012 application
consciousness in 2013. He takes anti- status on the daily log for breaks in describes fully the nature of Trailways’
seizure medication. He does not meet driving time of 10 minutes or less, for operations. On May 31, 2013, FMCSA
the MEP guidelines at this time. the limited purpose of picking up or granted the exemption to Trailways and
Emanuel Villegas—Mr. Villegas has a dropping off passengers, baggage, or all other regular route passenger carriers
history of seizures. His last seizure was small express packages. FMCSA and their drivers for the period from
in 2013. He takes anti-seizure extended the exemption to all regular- May 31, 2013, through May 31, 2015
medication. He does not meet the MEP route passenger carriers and their (78 FR 32701).
guidelines at this time. drivers rather than limiting it to Trailways’ application for a renewal
• The following drivers were listed Trailways’ drivers. The renewal of the of the exemption is for fixed-route
previously in Federal Register Notice exemption will allow these drivers to carriers and their drivers who are often
FMCSA–2014–0382 published on April perform their daily duties without away from the controls of the vehicle for
13, 2015. having to record entries in the daily log less than 10 minutes to assist passengers
Cody A. Baker—Mr. Baker has a for breaks in driving time of 10 minutes or make passenger pick-ups and drop-
history of a seizure disorder. His last or less. Such activity will not be offs along the route. Trailways’ advised
seizure was in 2010. He takes anti- considered a change of duty status for that, until March 2011, they and other
seizure medication. He does not meet the purposes of 49 CFR 395.8(c). motor carriers had been operating in
the MEP guidelines at this time. DATES: This exemption is effective from
accordance with a 1996 interpretation of
Glenn M. Gervais—Mr. Gervais has a May 31, 2015 through May 31, 2017. 49 CFR 395.8(c) issued by the Federal
history of a seizure disorder. His last Highway Administration (FHWA). The
FOR FURTHER INFORMATION CONTACT: Mrs.
seizure was in 2011. He takes anti- 1996 interpretation allowed regular-
Pearlie Robinson, FMCSA Driver and route passenger carrier CMV drivers not
seizure medication. He does not meet Carrier Operations Division; Office of
the MEP guidelines at this time. to record a location entry on the driver’s
Carrier, Driver and Vehicle Safety RODS for non-driving periods of less
Robert I. Keene, Jr.—Mr. Keene has a Standards; Telephone: 202–366–4325,
history of a seizure disorder. His last than 10 minutes. The RODS simply
Email: MCPSD@dot.gov, Federal Motor showed the stop as driving time. In
seizure was in 2012. He takes anti- Carrier Safety Administration, 1200
seizure medication. He does not meet March 2011, New York State officials
New Jersey Avenue SE., Washington, began enforcing the rule literally,
the MEP guidelines at this time. DC 20590–0001.
Larry T. Lintelman—Mr. Lintelman requiring that a change in duty status be
Docket: For access to the docket to entered on the log any time the driver
has a history of a seizure disorder. His read background documents or
last seizure was in 2011. He takes anti- leaves the operating controls of the
comments submitted to the notice CMV. Trailways was concerned that the
seizure medication. He does not meet requesting public comments on the
the MEP guidelines at this time. violations would have a negative effect
exemption application, go to on the companies’ and the drivers’
Robert R. Rosebrough, Jr.—Mr. www.regulations.gov at any time or visit
Rosebrough has a history of epilepsy. Compliance Safety Accountability
Room W12–140 on the ground level of ratings, as well as schedules and
His last seizure was in 2014. He takes the West Building, 1200 New Jersey
anti-seizure medication. He does not passenger service because of the delays
Avenue SE., Washington, DC, between 9 needed to make the entries.
meet the MEP guidelines at this time. a.m. and 5 p.m., ET, Monday through Trailways requested that their drivers
Issued on: May 22, 2015. Friday, except Federal holidays. The on- with regularly scheduled routes be
Larry W. Minor, line Federal document management exempted from changing their duty
Associate Administrator for Policy. system is available 24 hours each day, status from ‘‘driving’’ to ‘‘on-duty not
[FR Doc. 2015–13657 Filed 6–3–15; 8:45 am]
365 days each year. The docket number driving’’ when making stops of less than
is listed at the beginning of this notice. 10 minutes.
BILLING CODE 4910–EX–P
SUPPLEMENTARY INFORMATION: Trailways noted that the exemption
would reduce the amount of total time
Trailways Application for Exemption a driver can drive in a duty period.
DEPARTMENT OF TRANSPORTATION
The HOS rule in 49 CFR 395.8 Without the exemption, the times
Federal Motor Carrier Safety requires every commercial motor drivers spend at stops to load
Administration vehicle (CMV) driver to record his or passengers, freight, etc. would be logged
her duty status for each 24-hour period as on-duty/not driving, increasing the
[Docket No. FMCSA–2012–0268] using methods described in that section. driving time available, but creating an
Hours of Service of Drivers: Trailways Section 395.8(c) describes the manner in additional administrative distraction
Companies Application for Exemption which each change of duty status must every time the driver leaves the
Renewal be recorded. Under 49 U.S.C. 31315 and controls, regardless of the reason or the
31136(e), FMCSA may grant an limited amount of time away from the
AGENCY: Federal Motor Carrier Safety exemption from the HOS requirements vehicle controls. Trailways further
Administration (FMCSA), DOT. for up to 2 years if it finds such advised that its carriers provide flag
ACTION: Notice of final disposition; grant exemption would likely achieve a level stops and that having to update the log
of application for exemption. of safety that is equivalent to, or greater at each flag stop increases the length of
wreier-aviles on DSK5TPTVN1PROD with NOTICES
than, the level that would be achieved time the motorcoach may delay traffic
SUMMARY: FMCSA announces its absent such exemption. The procedures while waiting for the pick-up and/or
decision to grant Adirondack Trailways, for requesting an exemption (including discharge of passengers and luggage,
Pine Hill Trailways, New York renewals) are prescribed in 49 CFR part and then waiting for the driver to
Trailways (‘‘Trailways’’) and all other 381. update the log. According to Trailways,
regular-route passenger carriers and Trailways’ initial application for relief in many instances the large number of
their drivers a renewal of their from the HOS RODs rule was submitted brief stops will not fit on the log if the
exemption from the hours-of-service in 2012; a copy of the application is in driver makes all of the required entries.
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![31962 Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices
Trailways noted that the maximum must comply with all other applicable DEPARTMENT OF TRANSPORTATION
possible driving time would be reduced provisions of the Federal Motor Carrier
and that traffic congestion could be Safety Regulations (49 CFR parts 350– Federal Motor Carrier Safety
reduced. FMCSA believes this will 399). Administration
ensure that operations under the [Docket No. FMCSA–2000–8398; FMCSA–
Preemption
exemption will be at least as safe as 2003–14504; FMCSA–2005–20560]
operations that comply with the In accordance with 49 U.S.C.
requirements on change of duty status. 31315(d), during the period this Qualification of Drivers; Exemption
As in 2013, FMCSA extends the exemption is in effect, no State shall Applications; Vision
renewed exemption to all regular-route enforce any law or regulation that
for-hire passenger-carrier drivers conflicts with or is inconsistent with AGENCY: Federal Motor Carrier Safety
because they presumably operate in this exemption with respect to a firm or Administration (FMCSA), DOT.
much the same manner as Trailways. person operating under the exemption. ACTION: Notice of renewal of
Including all such drivers in the exemptions; request for comments.
exemption will preclude the need for Notification to FMCSA
other carriers to file identical exemption SUMMARY: FMCSA announces its
Trailways and other regular-route for- decision to renew the exemptions from
requests, and will provide for consistent hire passenger-carriers utilizing this
enforcement because the same the vision requirement in the Federal
exemption must notify FMCSA within Motor Carrier Safety Regulations for 3
provisions would be applied to all 5 business days of any accident (as
similar scenarios involving brief stops individuals. FMCSA has statutory
defined in 49 CFR 390.5), involving any authority to exempt individuals from
by drivers of these carriers during their
of the motor carrier’s CMVs operating the vision requirement if the
regular-route operations. Copies of
under the terms of this exemption. The exemptions granted will not
Trailways’ original and renewal
notification must include the following compromise safety. The Agency has
applications are available for review in
information: concluded that granting these
the docket for this notice.
a. Name of operating motor carrier exemption renewals will provide a level
Public Comments and USDOT number, of safety that is equivalent to or greater
On March 18, 2015, FMCSA b. Date of the accident, than the level of safety maintained
published notice of this application, and c. City or town, and State, in which without the exemptions for these
asked for public comment the accident occurred, or closest to the commercial motor vehicle (CMV)
(80 FR 14229). Only one comment was accident scene, drivers.
submitted, and it supported the renewal
of the exemption. The comment is d. Driver’s name and license number DATES: This decision is effective June
available for review in the docket for and State of issuance, 30, 2015. Comments must be received
this notice. e. Vehicle number and State license on or before July 6, 2015.
plate number, ADDRESSES: You may submit comments
FMCSA Decision bearing the Federal Docket Management
f. Number of individuals suffering
The FMCSA has evaluated Trailways’ physical injury, System (FDMS) numbers: Docket No.
application for renewal of the g. Number of fatalities, [Docket No. FMCSA–2000–8398;
exemption and the public comment. FMCSA–2003–14504; FMCSA–2005–
The Agency believes that Trailways will h. The police-reported cause of the 20560], using any of the following
likely achieve a level of safety that is accident, methods:
equivalent to, or greater than, the level i. Whether the driver was cited for • Federal eRulemaking Portal: Go to
of safety achieved without the violation of any traffic laws or motor http://www.regulations.gov. Follow the
exemption (49 CFR 381.305(a)). During carrier safety regulations, and on-line instructions for submitting
the 2-year period of the current j. The driver’s total driving time and comments.
exemption, only one accident was total on-duty time period prior to the • Mail: Docket Management Facility;
reported while operating under the accident. U.S. Department of Transportation,
exemption, and the motorcoach driver Reports filed under this provision 1200 New Jersey Avenue SE., West
was determined to not be at fault. shall be emailed to MCPSD@DOT.GOV. Building Ground Floor, Room W12–140,
Terms of the Exemption Washington, DC 20590–0001.
Termination • Hand Delivery or Courier: West
Period of the Exemption FMCSA does not believe the carriers Building Ground Floor, Room W12–140,
The exemption from the HOS record and drivers covered by this exemption 1200 New Jersey Avenue SE.,
of duty status requirements of 49 CFR will experience any deterioration of Washington, DC, between 9 a.m. and 5
395.8(c) is granted for the period from their safety record. However, should p.m., Monday through Friday, except
12:01 a.m. on May 31, 2015 through this occur, FMCSA will take all steps Federal Holidays.
11:59 p.m. on May 31, 2017. necessary to protect the public interest, • Fax: 1–202–493–2251.
including revocation or restriction of the Instructions: Each submission must
Extent of the Exemption include the Agency name and the
exemption. The FMCSA will
The exemption is restricted to drivers immediately revoke or restrict the docket number for this notice. Note that
wreier-aviles on DSK5TPTVN1PROD with NOTICES
employed by Trailways and other exemption for failure to comply with its DOT posts all comments received
regular-route for-hire passenger carriers. terms and conditions. without change to http://
Instead of complying with the www.regulations.gov, including any
provisions in 49 CFR 395.8(c), these Issued on: May 27, 2015. personal information included in a
drivers are exempted from changing T.F. Scott Darling, III, comment. Please see the Privacy Act
their duty status from ‘‘driving’’ to ‘‘on- Chief Counsel. heading below.
duty not driving’’ when making stops of [FR Doc. 2015–13653 Filed 6–3–15; 8:45 am] Docket: For access to the docket to
less than 10 minutes. These drivers BILLING CODE 4910–EX–P read background documents or
VerDate Sep<11>2014 15:33 Jun 03, 2015 Jkt 235001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.SGM 04JNN1](https://thefederalregister.org/doc/80_FR_32068/page/2.svg)
Document Created: 2015-12-15 15:24:10
Document Modified: 2015-12-15 15:24:10
| 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 from May 31, 2015 through May 31, 2017. | |
| Contact | Mrs. Pearlie Robinson, FMCSA 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 31961 |
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