80 FR 35703 - Hours of Service of Drivers: U.S. Department of Energy (DOE); Application for Renewal of Exemption

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 119 (June 22, 2015)

Page Range		35703-35705
FR Document		2015-15177

FMCSA announces its decision to grant the U.S. Department of Energy's (DOE) request for a renewal of its exemption from the minimum 30-minute rest break provision of the Agency's hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. The exemption will enable DOE's contract motor carriers and their employee-drivers transporting security-sensitive radioactive materials to be treated the same as drivers transporting explosives. The exempted drivers will be allowed to use 30 minutes or more of on-duty ``attendance time'' to meet the HOS rest break requirements providing they do not perform any other work during the break.

Federal Register, Volume 80 Issue 119 (Monday, June 22, 2015)

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Notices]
[Pages 35703-35705]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15177]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0370]


Hours of Service of Drivers: U.S. Department of Energy (DOE); 
Application for Renewal of Exemption

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

ACTION: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant the U.S. Department of 
Energy's (DOE) request for a renewal of its exemption from the minimum 
30-minute rest break provision of the Agency's hours-of-service (HOS) 
regulations for commercial motor vehicle (CMV) drivers. The exemption 
will enable DOE's contract motor carriers and their employee-drivers 
transporting security-sensitive radioactive materials to be treated the 
same as drivers transporting explosives. The exempted drivers will be 
allowed to use 30 minutes or more of on-duty ``attendance time'' to 
meet the HOS rest

[[Page 35704]]

break requirements providing they do not perform any other work during 
the break.

DATES: This exemption is effective from June 30, 2015 through June 30, 
2017.

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: [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 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: 

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

    Under 49 CFR 395.3(a)(3)(ii), a property-carrying CMV driver is 
prohibited from operating a CMV on a public road if more than eight 
hours have passed since the end of the driver's last off duty or 
sleeper-berth period of at least 30 minutes.
    The initial DOE exemption application for relief from the HOS rule 
was submitted in 2012; a copy of that application is in the docket. 
That application fully described the nature of DOE's security-sensitive 
operations. On May 31, 2013, the Agency granted DOE's current exemption 
[78 FR 32700]. That exemption expires on June 30, 2015.
    Certain motor carriers under contract to DOE transport ``security-
sensitive radioactive materials.'' DOE requested a renewal of an 
exemption from the HOS regulation pertaining to rest breaks [49 CFR 
395.3(a)(3)(ii)] to allow contract driver-employees transporting 
security-sensitive radioactive materials to be treated the same as 
drivers transporting explosives, as provided in Sec.  395.1(q). Section 
395.1(q) allows drivers of CMVs carrying Division 1.1, 1.2, or 1.3 
explosives who are subject to the requirement for a 30-minute off-duty 
rest break in Sec.  395.3(a)(3)(ii) to use 30 minutes or more of on-
duty ``attendance time'' to meet the requirement for a rest break, 
provided they perform no other work.
    In its exemption request, DOE contended that shipments of security-
sensitive radioactive materials require a team of two drivers and the 
use of a sleeper berth to minimize risk and expedite delivery in a safe 
and secure manner. DOE asserted that granting the exemption would allow 
team drivers to manage their enroute rest periods efficiently and also 
perform mandated shipment security surveillance, resulting in a safe 
and secure driving performance during a long distance trip.
    DOE states that it has instituted several technical and 
administrative controls to ensure the effective use of driver on-duty 
and rest-break time, which would remain in effect under the requested 
exemption. They include the following:
     Real-time tracking and monitoring of transuranic waste and 
security-sensitive shipments using DOE's satellite-based systems.
     Use of electronic on-board recorders on trucks, which is 
contractually required for motor carriers involved in the Waste 
Isolation Pilot Plant to ensure compliance with driver HOS rules.
     Continuous monitoring of the safety performance of DOE-
qualified motor carriers using the FMCSA Compliance Safety 
Accountability Program's Safety Measurement System, and DOE's Motor 
Carrier Evaluation Program.
    Further details regarding DOE's safety controls can be found in its 
application for exemption, which can be accessed in the docket 
identified at the beginning of this notice. DOE contends that these 
controls enable it to achieve a high level of safety and security for 
transportation of security-sensitive radioactive materials.
    DOE anticipates no safety impacts from this exemption and notes 
that in the preamble to the FMCSA final rule on the ``Hours of Service 
of Drivers,'' dated December 27, 2011 (76 FR 81134), the Agency 
addressed concerns from commenters regarding rest breaks for carriers 
of hazardous materials. The Agency cited a recent study showing that 
on-duty breaks reduce the risk of crashes after the break (76 FR 
81154).
    DOE believes that its contract employee drivers should continue to 
be allowed to follow the requirements in Sec.  395.1(q) when 
transporting shipments of security-sensitive radioactive materials. DOE 
believes that shipments made under the exemption would achieve a level 
of safety and security that is at least equivalent to that which would 
be obtained by following the normal break requirement in Sec.  
395.3(a)(3)(ii).
    DOE estimated that 30 power units and 53 drivers would currently be 
eligible for the exemption, if renewed. The exemption will be effective 
from June 30, 2015 through June 30, 2017, the maximum period allowed by 
Sec.  381.300. A copy of DOE's exemption application is available for 
review in the docket for this notice.

Public Comments

    On March 27, 2015, FMCSA published notice of this application, and 
asked for public comment (80 FR 16506). There were no comments 
submitted to the docket.

FMCSA Decision

    The FMCSA has evaluated DOE's application for renewal of the 
exemption. The Agency believes that DOE's contract carriers 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)].

Terms of the Exemption

Period of the Exemption

    The exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is 
granted for the period from 12:01 a.m., June 30,

[[Page 35705]]

2015, through 11:59 p.m. on June 30, 2017.

Extent of the Exemption

    The exemption is restricted to DOE's contract driver-employees 
transporting security-sensitive radioactive materials. This exemption 
is limited to the provisions of 49 CFR 395.3(a)(3)(ii) to allow 
contract driver-employees transporting security-sensitive radioactive 
materials to be treated the same as drivers transporting explosives, as 
provided in Sec.  395.1(q). These drivers must comply with all other 
applicable provisions of the FMCSRs.

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

    The DOE 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. Exemption Identity: ``DOE''
    b. Name of operating motor carrier and USDOT number,
    c. Date of the accident,
    d. City or town, and State, in which the accident occurred, or 
closest to the accident scene,
    e. Driver's name and driver's license number and State of issuance,
    f. Vehicle number and State license plate number,
    g. Number of individuals suffering physical injury,
    h. Number of fatalities,
    i. The police-reported cause of the accident,
    j. Whether the driver was cited for violation of any traffic laws 
or motor carrier safety regulations, and
    k. 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 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: June 8, 2015.
T. F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-15177 Filed 6-19-15; 8:45 am]
BILLING CODE 4910-EX-P

35704 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices

break requirements providing they do Request for Exemption carriers using the FMCSA Compliance
not perform any other work during the Under 49 CFR 395.3(a)(3)(ii), a Safety Accountability Program’s Safety
break. property-carrying CMV driver is Measurement System, and DOE’s Motor
prohibited from operating a CMV on a Carrier Evaluation Program.
DATES: This exemption is effective from Further details regarding DOE’s safety
June 30, 2015 through June 30, 2017. public road if more than eight hours
have passed since the end of the driver’s controls can be found in its application
FOR FURTHER INFORMATION CONTACT: Mrs. last off duty or sleeper-berth period of for exemption, which can be accessed in
Pearlie Robinson, Driver and Carrier at least 30 minutes. the docket identified at the beginning of
Operations Division; Office of Carrier, The initial DOE exemption this notice. DOE contends that these
Driver and Vehicle Safety Standards; application for relief from the HOS rule controls enable it to achieve a high level
Telephone: 202–366–4325, Email: was submitted in 2012; a copy of that of safety and security for transportation
MCPSD@dot.gov, Federal Motor Carrier application is in the docket. That of security-sensitive radioactive
Safety Administration, 1200 New Jersey application fully described the nature of materials.
Avenue SE., Washington, DC 20590– DOE’s security-sensitive operations. On DOE anticipates no safety impacts
0001. May 31, 2013, the Agency granted from this exemption and notes that in
DOE’s current exemption [78 FR 32700]. the preamble to the FMCSA final rule
Docket. For access to the docket to on the ‘‘Hours of Service of Drivers,’’
read background documents or That exemption expires on June 30,
2015. dated December 27, 2011 (76 FR 81134),
comments submitted to notice the Agency addressed concerns from
requesting public comments on the Certain motor carriers under contract
to DOE transport ‘‘security-sensitive commenters regarding rest breaks for
exemption application, go to carriers of hazardous materials. The
www.regulations.gov at any time or visit radioactive materials.’’ DOE requested a
renewal of an exemption from the HOS Agency cited a recent study showing
Room W12–140 on the ground level of that on-duty breaks reduce the risk of
the West Building, 1200 New Jersey regulation pertaining to rest breaks [49
CFR 395.3(a)(3)(ii)] to allow contract crashes after the break (76 FR 81154).
Avenue SE., Washington, DC, between 9 DOE believes that its contract
a.m. and 5 p.m., ET, Monday through driver-employees transporting security-
sensitive radioactive materials to be employee drivers should continue to be
Friday, except Federal holidays. The on- allowed to follow the requirements in
line Federal document management treated the same as drivers transporting
explosives, as provided in § 395.1(q). § 395.1(q) when transporting shipments
system is available 24 hours each day, of security-sensitive radioactive
365 days each year. The docket number Section 395.1(q) allows drivers of CMVs
carrying Division 1.1, 1.2, or 1.3 materials. DOE believes that shipments
is listed at the beginning of this notice. made under the exemption would
explosives who are subject to the
SUPPLEMENTARY INFORMATION: requirement for a 30-minute off-duty achieve a level of safety and security
rest break in § 395.3(a)(3)(ii) to use 30 that is at least equivalent to that which
Background would be obtained by following the
minutes or more of on-duty ‘‘attendance
time’’ to meet the requirement for a rest normal break requirement in
FMCSA has authority under 49 U.S.C. § 395.3(a)(3)(ii).
31136(e) and 31315 to grant exemptions break, provided they perform no other
work. DOE estimated that 30 power units
from certain parts of the Federal Motor and 53 drivers would currently be
Carrier Safety Regulations. FMCSA must In its exemption request, DOE
contended that shipments of security- eligible for the exemption, if renewed.
publish a notice of each exemption The exemption will be effective from
request in the Federal Register (49 CFR sensitive radioactive materials require a
team of two drivers and the use of a June 30, 2015 through June 30, 2017, the
381.315(a)). The Agency must provide maximum period allowed by § 381.300.
the public an opportunity to inspect the sleeper berth to minimize risk and
expedite delivery in a safe and secure A copy of DOE’s exemption application
information relevant to the application, is available for review in the docket for
including any safety analyses that have manner. DOE asserted that granting the
exemption would allow team drivers to this notice.
been conducted. The Agency must also
provide an opportunity for public manage their enroute rest periods Public Comments
comment on the request. efficiently and also perform mandated
shipment security surveillance, On March 27, 2015, FMCSA
The Agency reviews safety analyses resulting in a safe and secure driving published notice of this application, and
and public comments submitted, and performance during a long distance trip. asked for public comment (80 FR
determines whether granting the DOE states that it has instituted 16506). There were no comments
exemption would likely achieve a level several technical and administrative submitted to the docket.
of safety equivalent to, or greater than, controls to ensure the effective use of FMCSA Decision
the level that would be achieved by the driver on-duty and rest-break time,
current regulation (49 CFR 381.305). The FMCSA has evaluated DOE’s
which would remain in effect under the
The decision of the Agency must be application for renewal of the
requested exemption. They include the
published in the Federal Register (49 exemption. The Agency believes that
following:
CFR 381.315(b)) with the reasons for • Real-time tracking and monitoring DOE’s contract carriers will likely
denying or granting the application and, of transuranic waste and security- achieve a level of safety that is
if granted, the name of the person or sensitive shipments using DOE’s equivalent to, or greater than, the level
class of persons receiving the satellite-based systems. of safety achieved without the
• Use of electronic on-board recorders exemption [49 CFR 381.305(a)].
tkelley on DSK3SPTVN1PROD with NOTICES

exemption, and the regulatory provision
from which the exemption is granted. on trucks, which is contractually Terms of the Exemption
The notice must also specify the required for motor carriers involved in
effective period and explain the terms the Waste Isolation Pilot Plant to ensure Period of the Exemption
and conditions of the exemption. The compliance with driver HOS rules. The exemption from the requirements
exemption may be renewed (49 CFR • Continuous monitoring of the safety of 49 CFR 395.3(a)(3)(ii) is granted for
381.300(b)). performance of DOE-qualified motor the period from 12:01 a.m., June 30,

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Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices 35705

2015, through 11:59 p.m. on June 30, exemption for failure to comply with its www.regulations.gov at any time or
2017. terms and conditions. Room W12–140 on the ground level of
Issued on: June 8, 2015. the West Building, 1200 New Jersey
Extent of the Exemption
T. F. Scott Darling, III,
Avenue SE., Washington, DC, between 9
The exemption is restricted to DOE’s a.m. and 5 p.m., Monday through
contract driver-employees transporting Chief Counsel.
Friday, except Federal holidays. The
security-sensitive radioactive materials. [FR Doc. 2015–15177 Filed 6–19–15; 8:45 am]
Federal Docket Management System
This exemption is limited to the BILLING CODE 4910–EX–P (FDMS) is available 24 hours each day,
provisions of 49 CFR 395.3(a)(3)(ii) to 365 days each year. If you want
allow contract driver-employees acknowledgment that we received your
transporting security-sensitive DEPARTMENT OF TRANSPORTATION comments, please include a self-
radioactive materials to be treated the addressed, stamped envelope or
Federal Motor Carrier Safety
same as drivers transporting explosives, postcard or print the acknowledgement
Administration
as provided in § 395.1(q). These drivers page that appears after submitting
must comply with all other applicable [Docket No. FMCSA–2015–0061] comments on-line.
provisions of the FMCSRs. Privacy Act: In accordance with 5
Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments
Preemption Applications; Diabetes Mellitus from the public to better inform its
In accordance with 49 U.S.C. AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these
31315(d), during the period this Administration (FMCSA), DOT. comments, without edit, including any
exemption is in effect, no State shall personal information the commenter
ACTION: Notice of applications for
enforce any law or regulation that provides, to www.regulations.gov, as
exemptions; request for comments.
conflicts with or is inconsistent with described in the system of records
this exemption with respect to a firm or SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
person operating under the exemption. applications from 51 individuals for be reviewed at www.dot.gov/privacy.
Notification to FMCSA exemption from the prohibition against FOR FURTHER INFORMATION CONTACT:
persons with insulin-treated diabetes Charles A. Horan, III, Director, Carrier,
The DOE must notify FMCSA within mellitus (ITDM) operating commercial Driver and Vehicle Safety Standards,
5 business days of any accident (as motor vehicles (CMVs) in interstate (202) 366–4001, fmcsamedical@dot.gov,
defined in 49 CFR 390.5), involving any commerce. If granted, the exemptions FMCSA, Department of Transportation,
of the motor carrier’s CMVs operating would enable these individuals with 1200 New Jersey Avenue SE., Room
under the terms of this exemption. The ITDM to operate CMVs in interstate W64–224, Washington, DC 20590–0001.
notification must include the following commerce. Office hours are from 8:30 a.m. to 5
information: p.m., Monday through Friday, except
a. Exemption Identity: ‘‘DOE’’ DATES: Comments must be received on
or before July 22, 2015. Federal holidays.
b. Name of operating motor carrier
ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION:
and USDOT number,
c. Date of the accident, bearing the Federal Docket Management I. Background
d. City or town, and State, in which System (FDMS) Docket No. FMCSA–
Under 49 U.S.C. 31136(e) and 31315,
the accident occurred, or closest to the 2015–0061 using any of the following
FMCSA may grant an exemption from
accident scene, methods:
the Federal Motor Carrier Safety
e. Driver’s name and driver’s license • Federal eRulemaking Portal: Go to
Regulations for a 2-year period if it finds
number and State of issuance, http://www.regulations.gov. Follow the
‘‘such exemption would likely achieve a
f. Vehicle number and State license on-line instructions for submitting
level of safety that is equivalent to or
plate number, comments.
• Mail: Docket Management Facility; greater than the level that would be
g. Number of individuals suffering
U.S. Department of Transportation, 1200 achieved absent such exemption.’’ The
physical injury,
New Jersey Avenue SE., West Building statute also allows the Agency to renew
h. Number of fatalities,
Ground Floor, Room W12–140, exemptions at the end of the 2-year
i. The police-reported cause of the
Washington, DC 20590–0001. period. The 51 individuals listed in this
accident,
j. Whether the driver was cited for • Hand Delivery: West Building notice have recently requested such an
violation of any traffic laws or motor Ground Floor, Room W12–140, 1200 exemption from the diabetes prohibition
carrier safety regulations, and New Jersey Avenue SE., Washington, in 49 CFR 391.41(b)(3), which applies to
k. The driver’s total driving time and DC, between 9 a.m. and 5 p.m., Monday drivers of CMVs in interstate commerce.
total on-duty time period prior to the through Friday, except Federal Accordingly, the Agency will evaluate
accident. Holidays. the qualifications of each applicant to
Reports filed under this provision • Fax: 1–202–493–2251. determine whether granting the
shall be emailed to MCPSD@DOT.GOV. Instructions: Each submission must exemption will achieve the required
include the Agency name and the level of safety mandated by statute.
Termination docket numbers for this notice. Note II. Qualifications of Applicants
FMCSA does not believe the drivers that all comments received will be
covered by this exemption will posted without change to http:// Timothy G. Baker
tkelley on DSK3SPTVN1PROD with NOTICES

experience any deterioration of their www.regulations.gov, including any Mr. Baker, 64, has had ITDM since
safety record. However, should this personal information provided. Please 2011. His endocrinologist examined him
occur, FMCSA will take all steps see the Privacy Act heading below for in 2015 and certified that he has had no
necessary to protect the public interest, further information. severe hypoglycemic reactions resulting
including revocation or restriction of the Docket: For access to the docket to in loss of consciousness, requiring the
exemption. The FMCSA will read background documents or assistance of another person, or
immediately revoke or restrict the comments, go to http:// resulting in impaired cognitive function

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Document Created: 2018-02-22 11:14:02
Document Modified: 2018-02-22 11:14:02

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 June 30, 2015 through June 30, 2017.
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 35703

80 FR 35703 - Hours of Service of Drivers: U.S. Department of Energy (DOE); Application for Renewal of Exemption

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 119 (June 22, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration