80_FR_50872 80 FR 50711 - Hours of Service of Drivers; National Star Route Mail Contractors Association; Application for Exemption

80 FR 50711 - Hours of Service of Drivers; National Star Route Mail Contractors Association; Application for Exemption

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 161 (August 20, 2015)

Page Range50711-50712
FR Document2015-20568

FMCSA announces that it has received an application from the National Star Route Mail Contractors Association (NSRMCA) on behalf of its member motor carriers that transport mail under contract for the United States Postal Service (USPS). NSRMCA requests that its contract carriers be exempt from the ``14-hour rule'' of the Agency's hours-of- service regulations found in section 395.3(a)(2). NSRMCA specifically requests that a U.S. mail-carrying driver may elect to drive a U.S. mail-carrying commercial motor vehicle (CMV) no more than 10 hours following 8 consecutive hours off duty; and not drive after having been on duty 15 hours following 8 consecutive hours off duty. NSRMCA believes the exemption would positively impact safety, while reducing operating costs for USPS and contractors that provide Highway Contract Route services to the USPS. FMCSA requests public comment on the NSRMCA application for exemption.

Federal Register, Volume 80 Issue 161 (Thursday, August 20, 2015) 
[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Notices]
[Pages 50711-50712]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20568]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0262]


Hours of Service of Drivers; National Star Route Mail Contractors 
Association; Application for Exemption

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application from the 
National Star Route Mail Contractors Association (NSRMCA) on behalf of 
its member motor carriers that transport mail under contract for the 
United States Postal Service (USPS). NSRMCA requests that its contract 
carriers be exempt from the ``14-hour rule'' of the Agency's hours-of-
service regulations found in section 395.3(a)(2). NSRMCA specifically 
requests that a U.S. mail-carrying driver may elect to drive a U.S. 
mail-carrying commercial motor vehicle (CMV) no more than 10 hours 
following 8 consecutive hours off duty; and not drive after having been 
on duty 15 hours following 8 consecutive hours off duty. NSRMCA 
believes the exemption would positively impact safety, while reducing 
operating costs for USPS and contractors that provide Highway Contract 
Route services to the USPS. FMCSA requests public comment on the NSRMCA 
application for exemption.

DATES: Comments must be received on or before September 21, 2015.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2015-0262 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 also see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov, and follow the online 
instructions for accessing the dockets, or go to the street address 
listed above.
    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 obtain 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. Comments received after the 
comment closing date will be included in the docket and will be 
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: [email protected].

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 (FMCSRs). Before doing so, the Agency must provide an 
opportunity for public comment. The Agency is required to publish a 
notice of each exemption request in the Federal Register (49 CFR 
381.315(a)), providing the public an opportunity to inspect the 
information relevant to the application, including any safety analyses 
that have been conducted, and to comment on the request. FMCSA must 
review the safety analyses and public comments submitted and determine 
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 Agency must publish its 
decision in the Federal Register (49 CFR 381.315(b)) and state the 
reasons for denying or granting the application. If the exemption is 
granted, the notice must include the name of the person or entity, or 
class of persons, receiving the exemption, and the regulation from 
which the exemption is granted. The notice must also specify the 
effective period of the exemption and state the terms and conditions of 
the exemption, if any. The exemption may be renewed (49 CFR 
381.300(b)).

Request for Exemption

    NSRMCA is a national trade association representing contractors 
transporting mail for the United States Postal Service (USPS). The 
NSRMCA represents contractors in all 50 States as well as U.S. 
territories. The NSRMCA's interest is in the safe and efficient 
delivery of U.S. mail. NSRMCA members employ drivers who are regulated 
by the FMCSA hours-of-service (HOS) regulations, and they submitted 
their request for exemption on behalf of all motor carriers that meet 
the terms specified within the request.
    NSRMCA is seeking an exemption from the ``14-hour rule'' in 49 CFR 
395.3(a)(2), which prohibits a property-

[[Page 50712]]

carrying CMV driver from driving a CMV after the 14th hour after coming 
on duty following 10 consecutive hours off duty. Under NSRMCA's 
proposal, they request that a U.S. mail-carrying driver may elect to 
drive a U.S. mail-carrying CMV no more than 10 hours following 8 
consecutive hours off duty; and not drive after having been on duty 15 
hours following 8 consecutive hours off duty.
    Many of NSRMCA's member carriers and drivers work in ``split-
shift'' operations. Their Highway Contract Routes involve the 
distribution of mail from a central processing facility to U.S. Post 
Offices in the morning. In the afternoon, U.S. mail collected by these 
same U.S. Post Offices is picked up and delivered to a central USPS 
processing facility. A typical day for a NSRMCA driver involved in the 
distribution of mail from a central processing facility starts early 
morning and ends 4 hours later at the last U.S. Post Office on the 
route. The return route typically starts 9 hours later at this same 
U.S. Post Office, collecting received mail at each U.S. Post Office on 
the route and delivering to the USPS central processing facility 4 
hours later. A typical driver will have worked 8 hours, with a 9-hour 
break during the day between outbound and inbound routes, and a 7-hour 
break overnight. Neither of these breaks meets the required 10 
consecutive hours break (i.e., off-duty or sleeper-berth time) as 
required in section 393.3(a)(1) in the FMCSRs. Their drivers typically 
spend a great part of their 14-hour ``driving window'' not driving; 
however, their schedules as detailed above necessitate NSRMCA's request 
for this exemption.
    The NSRMCA conducted a survey of its membership to determine who 
would be interested in using the proposed exemption. Twenty-two member 
motor carriers--who employ 1,834 drivers--replied that they would be 
interested in utilizing the proposed exemption. These motor carriers 
operate a total of 1,175 vehicles, 507 of which are used in ``split-
shift'' operations.
    NSRMCA believes the exemption would achieve a level of safety 
equivalent to, or greater than, the level of safety obtained under the 
current ``14-hour rule'', which prohibits operators of property-
carrying CMVs from driving after the 14th hour of coming on duty. They 
believe that this exemption--if granted--would positively impact 
safety, while reducing operating costs for the USPS and contractors 
that provide Highway Contract Route services to the USPS. To qualify 
for this exemption, NSRMCA proposes the following four conditions: (1) 
A driver must have a rest opportunity; (2) motor carriers operating 
under this exemption must have a ``Satisfactory'' safety rating, or be 
unrated; (3) motor carriers operating under this exemption must have 
Safety Management System (SMS) scores below FMCSA's intervention 
thresholds; and (4) motor carrier representatives must participate in 
annual education, focusing on safety rating and regulatory compliance 
within the mail contracting environment.
    According to NSRMCA, operating under the proposed exemption would 
be safer than operating under the current FMCSRs, as drivers will spend 
less total time performing all tasks related to their employment. 
Furthermore, drivers and vehicles will travel less distance performing 
the same volume of work, thereby improving safety performance. A copy 
of the application for exemption is available for review in the docket 
for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA 
requests public comment on NRSMCA's application for an exemption from 
the ``14-hour rule'' requirement of 49 CFR 395.3(a)(2). The Agency will 
consider all comments received by close of business on September 21, 
2015. Comments will be available for examination in the docket at the 
location listed under the ADDRESSES section of this notice.

    Issued on: August 13, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-20568 Filed 8-19-15; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Notices 50711 as communities and neighborhoods, led following 8 consecutive hours off duty. page that appears after submitting to a preferred alternative not being NSRMCA believes the exemption would comments online. Comments received identified and work was not conducted positively impact safety, while reducing after the comment closing date will be to advance the study further. operating costs for USPS and included in the docket and will be Accordingly, FHWA is rescinding the contractors that provide Highway considered to the extent practicable. Notice of Intent to prepare an Contract Route services to the USPS. FOR FURTHER INFORMATION CONTACT: Mr. Environmental Impact Statement for the FMCSA requests public comment on the Richard Clemente, FMCSA Driver and Interstate 64 Hampton Roads Bridge- NSRMCA application for exemption. Carrier Operations Division; Office of Tunnel Corridor proposal in Virginia. DATES: Comments must be received on Carrier, Driver and Vehicle Safety The Interstate 64 crossing of Hampton or before September 21, 2015. Standards; Telephone: 202–366–4325. Roads is one alternative being studied as Email: MCPSD@dot.gov. ADDRESSES: You may submit comments part of the Hampton Roads Crossing identified by Federal Docket SUPPLEMENTARY INFORMATION: Study Supplemental Environmental Management System Number FMCSA– Impact Statement, which is looking at Background 2015–0262 by any of the following alternatives over a much larger study FMCSA has authority under 49 U.S.C. methods: area. A Notice of Intent to prepare that • Federal eRulemaking Portal: 31136(e) and 31315 to grant exemptions Supplemental Environmental Impact www.regulations.gov. Follow the online from certain parts of the Federal Motor Statement was published in the Federal instructions for submitting comments. Carrier Safety Regulations (FMCSRs). Register in June (80 FR 36038, June 23, • Fax: 1–202–493–2251. Before doing so, the Agency must 2015). • Mail: Docket Management Facility, provide an opportunity for public Authority: 23 U.S.C. 315; 23 CFR 771. U.S. Department of Transportation, 1200 comment. The Agency is required to (Catalog of Federal Domestic Assistance New Jersey Avenue SE., West Building, publish a notice of each exemption Program Number 20.205, Highway Planning Ground Floor, Room W12–140, request in the Federal Register (49 CFR and Construction. The regulations Washington, DC 20590–0001. 381.315(a)), providing the public an implementing Executive Order 12372 • Hand Delivery or Courier: West opportunity to inspect the information regarding intergovernmental consultation on Building, Ground Floor, Room W12– relevant to the application, including Federal programs and activities apply to this program.) 140, 1200 New Jersey Avenue SE., any safety analyses that have been between 9 a.m. and 5 p.m. E.T., Monday conducted, and to comment on the Edward Sundra, through Friday, except Federal holidays. request. FMCSA must review the safety Director of Program Development, Federal Instructions: All submissions must analyses and public comments Highway Administration, Richmond, include the Agency name and docket submitted and determine whether Virginia. number. For detailed instructions on granting the exemption would likely [FR Doc. 2015–20515 Filed 8–19–15; 8:45 am] submitting comments and additional achieve a level of safety equivalent to, BILLING CODE 4910–22–P information on the exemption process, or greater than, the level that would be see the Public Participation heading achieved by the current regulation (49 below. Note that all comments received CFR 381.305). The Agency must publish DEPARTMENT OF TRANSPORTATION will be posted without change to its decision in the Federal Register (49 www.regulations.gov, including any CFR 381.315(b)) and state the reasons Federal Motor Carrier Safety personal information provided. Please for denying or granting the application. Administration also see the Privacy Act heading below. If the exemption is granted, the notice [Docket No. FMCSA–2015–0262] Docket: For access to the docket to must include the name of the person or read background documents or entity, or class of persons, receiving the Hours of Service of Drivers; National comments received, go to exemption, and the regulation from Star Route Mail Contractors www.regulations.gov, and follow the which the exemption is granted. The Association; Application for online instructions for accessing the notice must also specify the effective Exemption dockets, or go to the street address listed period of the exemption and state the AGENCY: Federal Motor Carrier Safety above. terms and conditions of the exemption, Administration (FMCSA), DOT. Privacy Act: In accordance with 5 if any. The exemption may be renewed ACTION: Notice of application for U.S.C. 553(c), DOT solicits comments (49 CFR 381.300(b)). exemption; request for comments. from the public to better inform its rulemaking process. DOT posts these Request for Exemption SUMMARY: FMCSA announces that it has comments, without edit, including any NSRMCA is a national trade received an application from the personal information the commenter association representing contractors National Star Route Mail Contractors provides, to www.regulations.gov, as transporting mail for the United States Association (NSRMCA) on behalf of its described in the system of records Postal Service (USPS). The NSRMCA member motor carriers that transport notice (DOT/ALL–14 FDMS), which can represents contractors in all 50 States as mail under contract for the United be reviewed at www.dot.gov/privacy. well as U.S. territories. The NSRMCA’s States Postal Service (USPS). NSRMCA Public participation: The Federal interest is in the safe and efficient requests that its contract carriers be eRulemaking Portal is available 24 delivery of U.S. mail. NSRMCA exempt from the ‘‘14-hour rule’’ of the hours each day, 365 days each year. You members employ drivers who are Agency’s hours-of-service regulations can obtain electronic submission and regulated by the FMCSA hours-of- tkelley on DSK3SPTVN1PROD with NOTICES found in section 395.3(a)(2). NSRMCA retrieval help and guidelines under the service (HOS) regulations, and they specifically requests that a U.S. mail- ‘‘help’’ section of the Federal submitted their request for exemption carrying driver may elect to drive a U.S. eRulemaking Portal Web site. If you on behalf of all motor carriers that meet mail-carrying commercial motor vehicle want us to notify you that we received the terms specified within the request. (CMV) no more than 10 hours following your comments, please include a self- NSRMCA is seeking an exemption 8 consecutive hours off duty; and not addressed, stamped envelope or from the ‘‘14-hour rule’’ in 49 CFR drive after having been on duty 15 hours postcard, or print the acknowledgement 395.3(a)(2), which prohibits a property- VerDate Sep<11>2014 17:31 Aug 19, 2015 Jkt 235001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\20AUN1.SGM 20AUN1

50712 Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Notices carrying CMV driver from driving a under this exemption must have a hours—combined with a separate period CMV after the 14th hour after coming on ‘‘Satisfactory’’ safety rating, or be of at least 2 hours, either in the SB, off- duty following 10 consecutive hours off unrated; (3) motor carriers operating duty or some combination of both—to duty. Under NSRMCA’s proposal, they under this exemption must have Safety gain the equivalent of at least 10 request that a U.S. mail-carrying driver Management System (SMS) scores consecutive hours off duty. CRST may elect to drive a U.S. mail-carrying below FMCSA’s intervention proposes that its team drivers be CMV no more than 10 hours following thresholds; and (4) motor carrier allowed to take the equivalent of 10 8 consecutive hours off duty; and not representatives must participate in consecutive hours off duty by splitting drive after having been on duty 15 hours annual education, focusing on safety SB time into two periods totaling 10 following 8 consecutive hours off duty. rating and regulatory compliance within hours, provided neither of the two Many of NSRMCA’s member carriers the mail contracting environment. periods is less than 3 hours. FMCSA and drivers work in ‘‘split-shift’’ According to NSRMCA, operating requests public comment on CRST’s operations. Their Highway Contract under the proposed exemption would application for exemption. Routes involve the distribution of mail be safer than operating under the DATES: Comments must be received on from a central processing facility to U.S. current FMCSRs, as drivers will spend or before September 21, 2015. Post Offices in the morning. In the less total time performing all tasks ADDRESSES: You may submit comments afternoon, U.S. mail collected by these related to their employment. same U.S. Post Offices is picked up and Furthermore, drivers and vehicles will identified by Federal Docket delivered to a central USPS processing travel less distance performing the same Management System Number FMCSA– facility. A typical day for a NSRMCA volume of work, thereby improving 2015–0261 by any of the following driver involved in the distribution of safety performance. A copy of the methods: mail from a central processing facility application for exemption is available • Federal eRulemaking Portal: starts early morning and ends 4 hours for review in the docket for this notice. www.regulations.gov. Follow the online later at the last U.S. Post Office on the instructions for submitting comments. route. The return route typically starts 9 Request for Comments • Fax: 1–202–493–2251. hours later at this same U.S. Post Office, In accordance with 49 U.S.C. 31136(e) • Mail: Docket Management Facility, collecting received mail at each U.S. and 31315(b)(4), FMCSA requests public U.S. Department of Transportation, 1200 Post Office on the route and delivering comment on NRSMCA’s application for New Jersey Avenue SE., West Building, to the USPS central processing facility an exemption from the ‘‘14-hour rule’’ Ground Floor, Room W12–140, 4 hours later. A typical driver will have requirement of 49 CFR 395.3(a)(2). The Washington, DC 20590–0001. worked 8 hours, with a 9-hour break Agency will consider all comments • Hand Delivery or Courier: West during the day between outbound and received by close of business on Building, Ground Floor, Room W12– inbound routes, and a 7-hour break September 21, 2015. Comments will be 140, 1200 New Jersey Avenue SE., overnight. Neither of these breaks meets available for examination in the docket between 9 a.m. and 5 p.m., Monday the required 10 consecutive hours break at the location listed under the through Friday, except Federal holidays. (i.e., off-duty or sleeper-berth time) as ADDRESSES section of this notice. Instructions: All submissions must required in section 393.3(a)(1) in the include the Agency name and docket Issued on: August 13, 2015. FMCSRs. Their drivers typically spend number. For detailed instructions on Larry W. Minor, submitting comments and additional a great part of their 14-hour ‘‘driving Associate Administrator for Policy. window’’ not driving; however, their information on the exemption process, [FR Doc. 2015–20568 Filed 8–19–15; 8:45 am] see the Public Participation heading schedules as detailed above necessitate NSRMCA’s request for this exemption. BILLING CODE 4910–EX–P below. Note that all comments received The NSRMCA conducted a survey of will be posted without change to its membership to determine who www.regulations.gov, including any DEPARTMENT OF TRANSPORTATION personal information provided. Please would be interested in using the proposed exemption. Twenty-two see the Privacy Act heading below. Federal Motor Carrier Safety member motor carriers—who employ Docket: For access to the docket to Administration 1,834 drivers—replied that they would read background documents or be interested in utilizing the proposed [Docket No. FMCSA–2015–0261 comments received, go to exemption. These motor carriers operate www.regulations.gov, and follow the a total of 1,175 vehicles, 507 of which Hours of Service of Drivers: CRST online instructions for accessing the are used in ‘‘split-shift’’ operations. Expedited Inc., Application for dockets, or go to the street address listed NSRMCA believes the exemption Exemption above. would achieve a level of safety AGENCY: Federal Motor Carrier Safety Privacy Act: In accordance with 5 equivalent to, or greater than, the level Administration (FMCSA), DOT. U.S.C. 553(c), DOT solicits comments of safety obtained under the current ACTION: Notice of application for from the public to better inform its ‘‘14-hour rule’’, which prohibits exemption; request for comments. rulemaking process. DOT posts these operators of property-carrying CMVs comments, without edit, including any from driving after the 14th hour of SUMMARY: FMCSA announces that it has personal information the commenter coming on duty. They believe that this received an application from CRST provides, to www.regulations.gov, as exemption—if granted—would Expedited, Inc. (CRST) for an exemption described in the system of records positively impact safety, while reducing from certain provisions of the Agency’s notice (DOT/ALL–14 FDMS), which can tkelley on DSK3SPTVN1PROD with NOTICES operating costs for the USPS and hours-of-service (HOS) regulations. be reviewed at www.dot.gov/privacy. contractors that provide Highway CRST proposes that its team drivers be Public participation: The Federal Contract Route services to the USPS. To granted an exemption from the HOS eRulemaking Portal is available 24 qualify for this exemption, NSRMCA rules pertaining to use of a sleeper berth hours each day, 365 days each year. You proposes the following four conditions: (SB). Current HOS rules require that all can obtain electronic submission and (1) A driver must have a rest SB rest regimens include, in part, the retrieval help and guidelines under the opportunity; (2) motor carriers operating regular use of a SB period for at least 8 ‘‘help’’ section of the Federal VerDate Sep<11>2014 17:31 Aug 19, 2015 Jkt 235001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\20AUN1.SGM 20AUN1


Document Created: 2015-12-15 11:08:21
Document Modified: 2015-12-15 11:08:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of application for exemption; request for comments.
DatesComments must be received on or before September 21, 2015.
ContactMr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325. Email: [email protected]
FR Citation80 FR 50711 
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