80 FR 50712 - Hours of Service of Drivers: CRST Expedited Inc., Application for Exemption
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 161 (August 20, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 161 (August 20, 2015)
| Page Range | 50712-50713 | |
| FR Document | 2015-20569 |
[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)] [Notices] [Pages 50712-50713] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20569] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0261 Hours of Service of Drivers: CRST Expedited Inc., Application for Exemption AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that it has received an application from CRST Expedited, Inc. (CRST) for an exemption from certain provisions of the Agency's hours-of-service (HOS) regulations. CRST proposes that its team drivers be granted an exemption from the HOS rules pertaining to use of a sleeper berth (SB). Current HOS rules require that all SB rest regimens include, in part, the regular use of a SB period for at least 8 hours--combined with a separate period of at least 2 hours, either in the SB, off-duty or some combination of both--to gain the equivalent of at least 10 consecutive hours off duty. CRST proposes that its team drivers be allowed to take the equivalent of 10 consecutive hours off duty by splitting SB time into two periods totaling 10 hours, provided neither of the two periods is less than 3 hours. FMCSA requests public comment on CRST's 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-2015-0261 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., 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, 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 [[Page 50713]] 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: Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. 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 CRST states that it operates one of industry's largest fleet of team drivers with 4,000 drivers and 1,931 vehicles. CRST delivers products to 48 states from a wide variety of customer locations. The company operates 24 hours a day, seven days a week. Drivers are on duty an average of 48-52 hours per week. Drivers average between 42 and 44 hours of driving time. Work normally consists of picking up loaded trailers at a customer location, driving to the destination and delivering the loaded trailer. According to CRST, the average driver team typically travels approximately 3,500 miles per week. CRST estimates that 75% of drivers obtain at least 34 consecutive hours off-duty while on the road each week. CRST operates on two- to three-week work cycles. Drivers report for work and are on the road typically 2 to 3 weeks and then return home for 4 to 5 days. CRST's tractors are equipped with double-bunk sleepers in the event both drivers need or want to rest at the same time. Drivers are allowed to make their own decisions about when and where to take short rest breaks based on their personal needs and preferences in conformance with regulatory requirements. CRST asserts that it takes safety, health and wellness seriously, and hires well-qualified drivers who go through a comprehensive orientation/new-hire training program. CRST's trucks are equipped with electronic on-board recorders (EOBRs) that include electronic logs. CRST requests an exemption from the current regulations for its delivery shipment operations to eliminate the requirement that SB time include a period of at least 8 but less than 10 consecutive hours in the SB and a separate period of at least 2 but less than 10 consecutive hours either in the SB or off duty, or any combination thereof (49 CFR 395.1(g)(1)(ii)(A)(1)). CRST proposes that its team drivers be allowed to split SB time into two periods totaling at least 10 hours, provided neither of the two periods is less than 3 hours in length. The request would be limited to drivers in team operations. CRST operates on an average day, 1,500 trucks and 3,000 drivers in team operations--two drivers taking turns operating the same truck. If granted the exemption would apply to this number of trucks and drivers. CRST states that many of their team drivers are newcomers to the trucking industry. Drivers have told CRST that driving an entire 10-11 hour driving shift is too long and that they want the opportunity to switch with a partner more frequently. According to CRST, having the flexibility to switch with a partner allows each driver to take advantage of shorter time periods when they may feel fatigued. Further, splitting the SB time for both team drivers would allow each driver to obtain sleep during critical nighttime hours, which would provide more restorative sleep. CRST states that it is committed to maintaining its safety record by focusing on continuous improvement, promoting technologies to enhance safety, and having well-communicated policies in place to address both safety and compliance-related topics. CRST identified some countermeasures it would take to maintain safe operations if the exemption is granted. The safeguards would include, but not be limited to: Drive time would be reduced from 11 hours to 10 hours. Team drivers would be limited to 10 hours of driving prior to completing their required 10 hours total SB. Drivers use EOBRs to track their duty time and HOS compliance; All tractors are equipped with speed limiters; Company- owned trucks are governed at 65 MPH; and Trucks brought into service in 2015 are equipped with collision-avoidance technology. CRST believes that by allowing its team drivers to exercise flexibility in their SB requirements, the drivers would experience more quality rest. To support its request for the exemption, CRST cited the results of an FMCSA-sponsored study entitled ``Investigation of the Effects of Split Sleep Schedules on Commercial Vehicle Driver Safety and Health'' by Belenky (2012). The report noted ``. . . that when consolidated nighttime sleep is not possible, split sleep is preferable to consolidated daytime sleep.'' (http://ntl.bts.gov/lib/51000/51200/51254/12-003-Split-Sleep_Investigation-of-the-Effects-of-Split-Sleep-Schedules-on-Commercial-Vehicle-Driver-Safety-and-Health-508.pdf) A copy of CRST's 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 CRST's application for an exemption from certain provisions of the driver's HOS rules in 49 CFR part 395. 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. 2015-20569 Filed 8-19-15; 8:45 am] BILLING CODE 4910-EX-P
![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
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![Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Notices 50713
eRulemaking Portal Web site. If you According to CRST, the average driver compliance-related topics. CRST
want us to notify you that we received team typically travels approximately identified some countermeasures it
your comments, please include a self- 3,500 miles per week. CRST estimates would take to maintain safe operations
addressed, stamped envelope or that 75% of drivers obtain at least 34 if the exemption is granted. The
postcard, or print the acknowledgement consecutive hours off-duty while on the safeguards would include, but not be
page that appears after submitting road each week. CRST operates on two- limited to:
comments online. to three-week work cycles. Drivers
report for work and are on the road • Drive time would be reduced from
FOR FURTHER INFORMATION CONTACT: Ms. 11 hours to 10 hours. Team drivers
Pearlie Robinson, FMCSA Driver and typically 2 to 3 weeks and then return
home for 4 to 5 days. would be limited to 10 hours of driving
Carrier Operations Division; Office of prior to completing their required 10
Carrier, Driver and Vehicle Safety CRST’s tractors are equipped with
double-bunk sleepers in the event both hours total SB.
Standards; Telephone: 202–366–4325.
Email: MCPSD@dot.gov. If you have drivers need or want to rest at the same • Drivers use EOBRs to track their
questions on viewing or submitting time. Drivers are allowed to make their duty time and HOS compliance;
own decisions about when and where to
material to the docket, contact Docket
take short rest breaks based on their • All tractors are equipped with
Services, telephone (202) 366–9826. speed limiters; Company-owned trucks
personal needs and preferences in
SUPPLEMENTARY INFORMATION: conformance with regulatory are governed at 65 MPH; and
Background requirements. CRST asserts that it takes • Trucks brought into service in 2015
safety, health and wellness seriously, are equipped with collision-avoidance
FMCSA has authority under 49 U.S.C. and hires well-qualified drivers who go technology.
31136(e) and 31315 to grant exemptions through a comprehensive orientation/
from certain parts of the Federal Motor CRST believes that by allowing its
new-hire training program. CRST’s
Carrier Safety Regulations. FMCSA must team drivers to exercise flexibility in
trucks are equipped with electronic on-
publish a notice of each exemption board recorders (EOBRs) that include their SB requirements, the drivers
request in the Federal Register (49 CFR electronic logs. would experience more quality rest. To
381.315(a)). The Agency must provide CRST requests an exemption from the support its request for the exemption,
the public an opportunity to inspect the current regulations for its delivery CRST cited the results of an FMCSA-
information relevant to the application, shipment operations to eliminate the sponsored study entitled ‘‘Investigation
including any safety analyses that have requirement that SB time include a of the Effects of Split Sleep Schedules
been conducted. The Agency must also period of at least 8 but less than 10 on Commercial Vehicle Driver Safety
provide an opportunity for public consecutive hours in the SB and a and Health’’ by Belenky (2012). The
comment on the request. separate period of at least 2 but less than report noted ‘‘. . . that when
The Agency reviews safety analyses 10 consecutive hours either in the SB or consolidated nighttime sleep is not
and public comments submitted, and off duty, or any combination thereof (49 possible, split sleep is preferable to
determines whether granting the CFR 395.1(g)(1)(ii)(A)(1)). CRST consolidated daytime sleep.’’ (http://
exemption would likely achieve a level proposes that its team drivers be ntl.bts.gov/lib/51000/51200/51254/12-
of safety equivalent to, or greater than, allowed to split SB time into two 003-Split-Sleep_Investigation-of-the-
the level that would be achieved by the periods totaling at least 10 hours, Effects-of-Split-Sleep-Schedules-on-
current regulation (49 CFR 381.305). provided neither of the two periods is Commercial-Vehicle-Driver-Safety-and-
The decision of the Agency must be less than 3 hours in length. The request
published in the Federal Register (49 Health-508.pdf)
would be limited to drivers in team
CFR 381.315(b)) with the reasons for operations. CRST operates on an average A copy of CRST’s application for
denying or granting the application and, day, 1,500 trucks and 3,000 drivers in exemption is available for review in the
if granted, the name of the person or team operations—two drivers taking docket for this notice.
class of persons receiving the turns operating the same truck. If
exemption, and the regulatory provision Request for Comments
granted the exemption would apply to
from which the exemption is granted. this number of trucks and drivers. In accordance with 49 U.S.C. 31136(e)
The notice must also specify the CRST states that many of their team and 31315(b)(4), FMCSA requests public
effective period and explain the terms drivers are newcomers to the trucking comment on CRST’s application for an
and conditions of the exemption. The industry. Drivers have told CRST that exemption from certain provisions of
exemption may be renewed (49 CFR driving an entire 10–11 hour driving
the driver’s HOS rules in 49 CFR part
381.300(b)). shift is too long and that they want the
395. The Agency will consider all
opportunity to switch with a partner
Request for Exemption comments received by close of business
more frequently. According to CRST,
CRST states that it operates one of having the flexibility to switch with a on September 21, 2015. Comments will
industry’s largest fleet of team drivers partner allows each driver to take be available for examination in the
with 4,000 drivers and 1,931 vehicles. advantage of shorter time periods when docket at the location listed under the
CRST delivers products to 48 states they may feel fatigued. Further, splitting ADDRESSES section of this notice.
from a wide variety of customer the SB time for both team drivers would Issued on: August 13, 2015.
locations. The company operates 24 allow each driver to obtain sleep during Larry W. Minor,
hours a day, seven days a week. Drivers critical nighttime hours, which would Associate Administrator for Policy.
tkelley on DSK3SPTVN1PROD with NOTICES
are on duty an average of 48–52 hours provide more restorative sleep.
[FR Doc. 2015–20569 Filed 8–19–15; 8:45 am]
per week. Drivers average between 42 CRST states that it is committed to
and 44 hours of driving time. Work maintaining its safety record by focusing BILLING CODE 4910–EX–P
normally consists of picking up loaded on continuous improvement, promoting
trailers at a customer location, driving to technologies to enhance safety, and
the destination and delivering the having well-communicated policies in
loaded trailer. place to address both safety and
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Document Created: 2015-12-15 11:09:01
Document Modified: 2015-12-15 11:09:01
| 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 September 21, 2015. | |
| Contact | Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 80 FR 50712 |
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