80 FR 50912 - Hours of Service of Drivers: Application for Exemption; American Trucking Associations, Inc.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 162 (August 21, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 162 (August 21, 2015)
| Page Range | 50912-50914 | |
| FR Document | 2015-20686 |
[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)] [Notices] [Pages 50912-50914] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20686] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0012] Hours of Service of Drivers: Application for Exemption; American Trucking Associations, Inc. AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemption. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to grant motor carriers transporting security-sensitive hazardous materials (HM) requiring a security plan an exemption from the Federal hours-of-service (HOS) regulations that prohibit commercial motor vehicle (CMV) drivers from driving a CMV if more than 8 consecutive hours have passed since the driver's last off-duty or sleeper-berth period of 30 minutes or more. American Trucking Associations, Inc. (ATA) requested the exemption on behalf of all motor carriers that transport certain HM shipments requiring security plans under regulations of the Pipeline and Hazardous Materials Safety Administration (PHMSA). These plans normally require a driver to attend such cargo while the CMV is stopped, which is an on-duty activity under the HOS rules. Exempt drivers may now count their on-duty attendance of HM cargo toward the required 30- minute rest break requirement provided they perform no other on-duty activity. This exemption parallels Sec. 395.1(q) of the Federal Motor Carrier Safety Regulations (FMCSRs) that allows drivers who are attending loads of certain explosives to count on-duty attendance time toward their rest break so long as they engage in no other on-duty activity. DATES: The exemption is effective August 21, 2015 and expires on August 21, 2017. FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, 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 the FMCSRs. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide [[Page 50913]] the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews the safety analyses and the public comments, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reason for the grant or denial, and, if granted, the specific person or class of persons receiving the exemption, and the regulatory provision or provisions from which exemption is granted. The notice must also specify the effective period of the exemption (up to 2 years), and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Driver Attendance and Rest Breaks Some shipments of property by CMV require that the vehicle be attended at all times, such as shipments of explosives, weapons, or radioactive materials. Constant attendance of the CMV may be explicitly required by Federal or State law, or by the terms of the shipment contract. For example, Section 397.5 of the FMCSRs requires drivers transporting cargo classified as Division 1.1, 1.2, or 1.3 (explosive) materials to attend the cargo at all times. On December 27, 2011, FMCSA published a final rule amending the HOS rules (76 FR 81134). The Agency added a new requirement that drivers obtain a rest break: ``After June 30, 2013, driving is not permitted if more than 8 hours have passed since the end of the driver's last off- duty or sleeper-berth period of at least 30 minutes.'' (Sec. 395.3(a)(3)(ii)). Thus, drivers must expand a fueling stop or other break to ensure that they go off duty (or into the sleeper berth) for at least 30 consecutive minutes to satisfy this requirement. The drivers must make an entry on their record of duty status (RODS) showing the off-duty time. By definition, on-duty time includes all time ``. . . [p]erforming any other work in the capacity, employ, or service of, a motor carrier'' (Sec. 395.2). A driver attending a CMV is on duty. During the 2011 HOS rulemaking, motor carriers of hazardous materials identified the conflict between HM attendance under Sec. 397.5 and the rest-break requirement. As a result, FMCSA included Sec. 395.1(q) in the 2011 HOS amendments. This section permits drivers who are attending a motor vehicle transporting Division 1.1-1.3 explosives, but performing no other work, to log a period of at least 30 consecutive minutes of the time spent attending the CMV toward the break. The driver annotates his log to indicate when the Sec. 395.1(q) break was taken. The time is on-duty time, and counts against the driver's maximum time on duty of 60 hours in 7 days (in some cases, 70 hours in 8 days). Request for Exemption Another Federal agency, PHMSA, requires motor carriers transporting materials requiring placarding under 49 CFR part 172, subpart F, or certain agents and toxins identified in Sec. 172.800(b)(13) that do not require placarding, to develop special plans that account for personnel, cargo, and en route security (49 CFR 172.800-804). Most carriers include constant attendance on cargo in these security plans. Because attendance on a CMV is considered on-duty time under the HOS rules, drivers who are required by their carrier's HM security plan to attend the CMV at all times cannot go off duty to satisfy the HOS rest- break requirement. ATA filed this exemption request on behalf of all motor carriers whose drivers transport HM loads subject to the PHMSA security plan requirement. ATA asserts that allowing these drivers to count up to 30 minutes of their attendance time as the required rest break if they perform no other on-duty activities during the break would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation. It asserts that attendance is unlikely to contribute to driver fatigue and that allowing these drivers to maintain their attendance of these loads provides better security than if the driver has to leave the vehicle to obtain 30 minutes off duty. Public Comments The FMCSA published a notice announcing and requesting public comment on ATA's exemption request on May 1, 2015 (80 FR 25004). Thirteen comments were submitted. Three individuals expressed concern that the exemption was only of value to large trucking firms and that the Agency should deny all applications for exemption. Advocates for Highway and Auto Safety thought the exemption was overly broad, permitting motor carriers engaged in qualifying HM shipments to use the exemption for their shipments of non-HM cargo. Several trade groups and two drivers favored the application as a necessary solution to a regulatory dilemma. FMCSA Response FMCSA has evaluated ATA's application for exemption and the public comments submitted. Opponents of the exemption did not address the regulatory dilemma described in the application for exemption and echoed by the comments of drivers and trade organizations supporting the exemption. The Agency finds the arguments in favor of the exemption persuasive. FMCSA believes it has designed terms and conditions for this exemption sufficient to relieve this dilemma while preventing its abuse. Motor carriers may only use this exemption when their drivers are actually transporting HM that requires placarding or includes a select agent or toxin identified in Sec. 172.800(b)(13), and for which a security plan has been filed under Sec. Sec. 172.800-804. If a driver is not transporting qualifying HM materials, he or she is not entitled to substitute attendance for the required off-duty break. Drivers operating under this exemption may count up to 30 minutes of their on-duty attendance time toward a required rest break, if they perform no other on-duty activities during the rest-break period. It should be noted that there is no motive for a driver or carrier to claim this exemption when not entitled to it. A driver who is not required to constantly attend his or her vehicle must take the minimum 30-minute rest break as off-duty time, which does not count against the 7 or 8-day limit of 60 or 70 hours on-duty. A driver claiming this exemption unnecessarily would be required to take the same rest breaks, but would be on-duty and the time would count against the 60 or 70-hour limit. FMCSA Decision In consideration of the above, FMCSA has determined that it is appropriate to provide a two-year exemption from the 30-minute break requirement for carriers whose drivers transport HM loads requiring placarding under 49 CFR part 172, subpart F, or select agents and toxins identified in Sec. 172.800(b)(13) that do not require placarding, and who have filed security plans requiring constant attendance of HM in accordance with Sec. Sec. 172.800-804. Drivers must annotate their RODS to show the on-duty time claimed as a rest break to satisfy a security plan requiring attendance of HM loads. Under these terms and conditions described below, the application for exemption is likely to achieve a level of [[Page 50914]] safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. Motor carriers utilizing the exemption will be required to report any accidents, as defined in 49 CFR 390.5, to FMCSA. The exemption is eligible for renewal at the end of the two- year period. Terms and Conditions of the Exemption Extent of the Exemption This exemption is limited to drivers transporting HM loads requiring placarding under 49 CFR part 172, subpart F, or select agents and toxins identified in Sec. 172.800(b)(13) that do not require placarding, and who have filed security plans requiring constant attendance of HM in accordance with Sec. Sec. 172.800-804. This exemption is limited to motor carriers that have a ``satisfactory'' safety rating or are ``unrated''; motor carriers with ``conditional'' or ``unsatisfactory'' safety ratings are prohibited from utilizing this exemption. Drivers must have a copy of the exemption document in their possession while operating under the terms of the exemption and must present it to law enforcement officials upon request. Accident Reporting Motor carriers must notify FMCSA by email addressed to [email protected] with 5 business days of any accident (as defined in 49 CFR 390.5) that occurs while its driver is operating under the terms of this exemption. The notification must include: a. Identifier of the Exemption: ``HM'' b. Name of operating 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 license number, f. Name of co-driver, if any, and license number g. Vehicle number and state license number, h. Number of individuals suffering physical injury, i. Number of fatalities, j. The police-reported cause of the accident, k. Whether the driver was cited for violation of any traffic laws, motor carrier safety regulations, and l. The total driving time and total on-duty time prior to the accident. Safety Oversight of Carriers Operating Under the Exemption FMCSA expects each motor carrier operating under the terms and conditions of this exemption to maintain its safety record. However, should safety deteriorate, FMCSA will, consistent with the statutory requirements of 49 U.S.C. 31315, take all steps necessary to protect the public interest. Authorization of the exemption is discretionary, and FMCSA will immediately revoke the exemption of any motor carrier or driver for failure to comply with the terms and conditions of the exemption. Preemption During the period the exemption is in effect, no State may enforce any law or regulation that conflicts with or is inconsistent with this exemption with respect to a person or entity operating under the exemption [49 U.S.C. 31315(d)]. Issued on: August 6, 2015. T.F. Scott Darling, III, Chief Counsel. [FR Doc. 2015-20686 Filed 8-20-15; 8:45 am] BILLING CODE 4910-EX-P
![50912 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices
Observation #13 trained and a clear statement whether DEPARTMENT OF TRANSPORTATION
The team identified a concern about training was required for a certain job.
Due to the connection potentially being Federal Motor Carrier Safety
TxDOT’s approach to training and its
tenuous, this may explain the Administration
training plan. Information gained in
interviews indicated that the initial inconsistency the team heard in [Docket No. FMCSA–2015–0012]
TxDOT training plan relied heavily on interview responses to questions on
a training model employed by the training commitments from District Hours of Service of Drivers:
California Department of Transportation managers. The team suggests that the Application for Exemption; American
(Caltrans), because Caltrans is the only progressive training plan clearly Trucking Associations, Inc.
State that has assumed NEPA identify training required for each job
classification. AGENCY: Federal Motor Carrier Safety
responsibilities for the entire highway Administration (FMCSA), DOT.
program. The FHWA does not believe Observation #16 ACTION: Notice of final disposition; grant
the Caltrans training model can
replicate its current form to meet the From the perspective of the MOU, of application for exemption.
needs of TxDOT, because TxDOT has training planning and implementation is SUMMARY: FMCSA announces its
fewer NEPA staff, State environmental a partnership effort amongst TxDOT, decision to grant motor carriers
laws that differ in scope, and a different FHWA, and other agencies. Training transporting security-sensitive
business ‘‘culture.’’ There are other should be an ongoing task that follows hazardous materials (HM) requiring a
States (Idaho, Michigan, North Dakota, an up-to-date and mid-to-long range security plan an exemption from the
Ohio, and Wyoming) that have training plan. The current training plan Federal hours-of-service (HOS)
established training plans that TxDOT includes mostly TxDOT self-identified regulations that prohibit commercial
could draw upon as examples. These training needs and addresses those motor vehicle (CMV) drivers from
examples may benefit TxDOT and needs. The MOU (Part 12.2) allows for driving a CMV if more than 8
TxDOT should consider evaluating 3 months after the MOU is executed, to consecutive hours have passed since the
components of these State’s training develop a training plan in consultation driver’s last off-duty or sleeper-berth
plans in their future annual updates of with FHWA and other agencies. The period of 30 minutes or more. American
their own training plan. TxDOT has committed in the MOU to Trucking Associations, Inc. (ATA)
Observation #14 consider the recommendations of requested the exemption on behalf of all
agencies in determining training needs, motor carriers that transport certain HM
The team found evidence that some and to determine with FHWA, the shipments requiring security plans
aspects of training tasks were either required training in the training plan under regulations of the Pipeline and
unattended and/or appear to have been MOU (Part 12.2). The TxDOT Hazardous Materials Safety
forgotten based on the training plan considered and will address the specific Administration (PHMSA). These plans
information provided to the team. The comments from the U.S. Army Corps of normally require a driver to attend such
TxDOT has a section of their Web site Engineers in the current training plan. cargo while the CMV is stopped, which
devoted to training, that the team However, the team learned through is an on-duty activity under the HOS
learned from interviews, is out of date. interviews that individuals responsible rules. Exempt drivers may now count
Some courses are no longer taught and for training planning were unaware of their on-duty attendance of HM cargo
several classes are in need of updating, the coordination between TxDOT toward the required 30-minute rest
all of which provided for training of subject matter experts and other break requirement provided they
non-TxDOT staff (i.e. local governments agencies related to training. It may be perform no other on-duty activity. This
and consultants). The team urges useful for the TxDOT training exemption parallels § 395.1(q) of the
TxDOT to assess whether the proposed coordinator to be fully involved and Federal Motor Carrier Safety
training approach for non-TxDOT staff aware of the range of coordination other Regulations (FMCSRs) that allows
(relying heavily upon the annual TxDOT staff performs so that the drivers who are attending loads of
environmental conference) is adequate training plan benefits from this certain explosives to count on-duty
and responsive enough to address a coordination. attendance time toward their rest break
need to quickly disseminate newly so long as they engage in no other on-
developed procedures and policy. Next Steps
duty activity.
Observation #15 The FHWA provided this draft audit DATES: The exemption is effective
The TxDOT training plan is currently report to TxDOT for a 14-day review August 21, 2015 and expires on August
silent on whether certain subjects and and comment period. The team has 21, 2017.
topics are mandatory or required for considered TxDOT comments in FOR FURTHER INFORMATION CONTACT:
certain job responsibilities. The TxDOT developing this draft audit report. As Thomas L. Yager, Chief, FMCSA Driver
staff told the team they would be the next step, FHWA will publish a and Carrier Operations Division; Office
developing a ‘‘progressive training notice in the Federal Register to make of Carrier, Driver and Vehicle Safety
plan’’ that will identify the range of it available to the public and for a 30- Standards; Telephone: 202–366–4325;
training necessary for each job day comment period review [23 U.S.C. Email: MCPSD@dot.gov.
classification. District Environmental 327(g)]. No later than 60 days after the
SUPPLEMENTARY INFORMATION:
Coordinators, and particularly District close of the comment period, FHWA
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managers who allocated training will respond to all comments submitted Background
resources, indicated in interviews that in finalizing this draft audit report FMCSA has authority under 49 U.S.C.
they needed to know which training [pursuant to 23 U.S.C. 327(g)(B)]. Once 31136(e) and 31315 to grant exemptions
was required for various TxDOT job finalized, the audit report will be from the FMCSRs. FMCSA must publish
categories, to set budgeting priorities. published in the Federal Register. a notice of each exemption request in
The team recognized the important [FR Doc. 2015–20733 Filed 8–20–15; 8:45 am] the Federal Register (49 CFR
connection between getting District staff BILLING CODE 4910–22–P 381.315(a)). The Agency must provide
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![Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices 50913
the public an opportunity to inspect the attending a motor vehicle transporting necessary solution to a regulatory
information relevant to the application, Division 1.1–1.3 explosives, but dilemma.
including any safety analyses that have performing no other work, to log a
FMCSA Response
been conducted. The Agency must also period of at least 30 consecutive
provide an opportunity for public minutes of the time spent attending the FMCSA has evaluated ATA’s
comment on the request. CMV toward the break. The driver application for exemption and the
The Agency reviews the safety annotates his log to indicate when the public comments submitted. Opponents
analyses and the public comments, and § 395.1(q) break was taken. The time is of the exemption did not address the
determines whether granting the on-duty time, and counts against the regulatory dilemma described in the
exemption would likely achieve a level driver’s maximum time on duty of 60 application for exemption and echoed
of safety equivalent to, or greater than, hours in 7 days (in some cases, 70 hours by the comments of drivers and trade
the level that would be achieved by the in 8 days). organizations supporting the exemption.
current regulation (49 CFR 381.305). The Agency finds the arguments in
The decision of the Agency must be Request for Exemption favor of the exemption persuasive.
published in the Federal Register (49 Another Federal agency, PHMSA, FMCSA believes it has designed terms
CFR 381.315(b)) with the reason for the requires motor carriers transporting and conditions for this exemption
grant or denial, and, if granted, the materials requiring placarding under 49 sufficient to relieve this dilemma while
specific person or class of persons CFR part 172, subpart F, or certain preventing its abuse. Motor carriers may
receiving the exemption, and the agents and toxins identified in only use this exemption when their
regulatory provision or provisions from § 172.800(b)(13) that do not require drivers are actually transporting HM
which exemption is granted. The notice placarding, to develop special plans that that requires placarding or includes a
must also specify the effective period of account for personnel, cargo, and en select agent or toxin identified in
the exemption (up to 2 years), and route security (49 CFR 172.800–804). § 172.800(b)(13), and for which a
explain the terms and conditions of the Most carriers include constant security plan has been filed under
exemption. The exemption may be §§ 172.800–804. If a driver is not
attendance on cargo in these security
renewed (49 CFR 381.300(b)). transporting qualifying HM materials,
plans. Because attendance on a CMV is
he or she is not entitled to substitute
Driver Attendance and Rest Breaks considered on-duty time under the HOS
attendance for the required off-duty
Some shipments of property by CMV rules, drivers who are required by their
break. Drivers operating under this
require that the vehicle be attended at carrier’s HM security plan to attend the
exemption may count up to 30 minutes
all times, such as shipments of CMV at all times cannot go off duty to
of their on-duty attendance time toward
explosives, weapons, or radioactive satisfy the HOS rest-break requirement.
a required rest break, if they perform no
materials. Constant attendance of the ATA filed this exemption request on other on-duty activities during the rest-
CMV may be explicitly required by behalf of all motor carriers whose break period.
Federal or State law, or by the terms of drivers transport HM loads subject to It should be noted that there is no
the shipment contract. For example, the PHMSA security plan requirement. motive for a driver or carrier to claim
Section 397.5 of the FMCSRs requires ATA asserts that allowing these drivers this exemption when not entitled to it.
drivers transporting cargo classified as to count up to 30 minutes of their A driver who is not required to
Division 1.1, 1.2, or 1.3 (explosive) attendance time as the required rest constantly attend his or her vehicle
materials to attend the cargo at all times. break if they perform no other on-duty must take the minimum 30-minute rest
On December 27, 2011, FMCSA activities during the break would likely break as off-duty time, which does not
published a final rule amending the achieve a level of safety equivalent to, count against the 7 or 8-day limit of 60
HOS rules (76 FR 81134). The Agency or greater than, the level that would be or 70 hours on-duty. A driver claiming
added a new requirement that drivers achieved by the current regulation. It this exemption unnecessarily would be
obtain a rest break: ‘‘After June 30, 2013, asserts that attendance is unlikely to required to take the same rest breaks,
driving is not permitted if more than 8 contribute to driver fatigue and that but would be on-duty and the time
hours have passed since the end of the allowing these drivers to maintain their would count against the 60 or 70-hour
driver’s last off-duty or sleeper-berth attendance of these loads provides limit.
period of at least 30 minutes.’’ better security than if the driver has to
(§ 395.3(a)(3)(ii)). Thus, drivers must leave the vehicle to obtain 30 minutes FMCSA Decision
expand a fueling stop or other break to off duty. In consideration of the above, FMCSA
ensure that they go off duty (or into the Public Comments has determined that it is appropriate to
sleeper berth) for at least 30 consecutive provide a two-year exemption from the
minutes to satisfy this requirement. The The FMCSA published a notice 30-minute break requirement for carriers
drivers must make an entry on their announcing and requesting public whose drivers transport HM loads
record of duty status (RODS) showing comment on ATA’s exemption request requiring placarding under 49 CFR part
the off-duty time. on May 1, 2015 (80 FR 25004). Thirteen 172, subpart F, or select agents and
By definition, on-duty time includes comments were submitted. Three toxins identified in § 172.800(b)(13) that
all time ‘‘. . . [p]erforming any other individuals expressed concern that the do not require placarding, and who have
work in the capacity, employ, or service exemption was only of value to large filed security plans requiring constant
of, a motor carrier’’ (§ 395.2). A driver trucking firms and that the Agency attendance of HM in accordance with
attending a CMV is on duty. During the should deny all applications for §§ 172.800–804. Drivers must annotate
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2011 HOS rulemaking, motor carriers of exemption. Advocates for Highway and their RODS to show the on-duty time
hazardous materials identified the Auto Safety thought the exemption was claimed as a rest break to satisfy a
conflict between HM attendance under overly broad, permitting motor carriers security plan requiring attendance of
§ 397.5 and the rest-break requirement. engaged in qualifying HM shipments to HM loads.
As a result, FMCSA included § 395.1(q) use the exemption for their shipments of Under these terms and conditions
in the 2011 HOS amendments. This non-HM cargo. Several trade groups and described below, the application for
section permits drivers who are two drivers favored the application as a exemption is likely to achieve a level of
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![50914 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices
safety that is equivalent to, or greater maintain its safety record. However, seek authority to operate beyond the
than, the level that would be achieved should safety deteriorate, FMCSA will, United States municipalities on the
absent such exemption. Motor carriers consistent with the statutory United States-Mexico border and their
utilizing the exemption will be required requirements of 49 U.S.C. 31315, take commercial zones because they are not
to report any accidents, as defined in 49 all steps necessary to protect the public included within the scope of the
CFR 390.5, to FMCSA. The exemption is interest. Authorization of the exemption Unified Registration Final Rule.
eligible for renewal at the end of the is discretionary, and FMCSA will DATES: We must receive your comments
two-year period. immediately revoke the exemption of on or before October 20, 2015.
any motor carrier or driver for failure to ADDRESSES: You may submit comments
Terms and Conditions of the Exemption comply with the terms and conditions
identified by Federal Docket
Extent of the Exemption of the exemption.
Management System (FDMS) Docket
This exemption is limited to drivers Preemption Number FMCSA–2015–0268 using any
transporting HM loads requiring During the period the exemption is in of the following methods:
placarding under 49 CFR part 172, effect, no State may enforce any law or • Federal eRulemaking Portal: http://
subpart F, or select agents and toxins regulation that conflicts with or is www.regulations.gov. Follow the online
identified in § 172.800(b)(13) that do not inconsistent with this exemption with instructions for submitting comments.
require placarding, and who have filed respect to a person or entity operating • Fax: 1–202–493–2251.
security plans requiring constant under the exemption [49 U.S.C. • Mail: Docket Operations; U.S.
attendance of HM in accordance with 31315(d)]. Department of Transportation, 1200
§§ 172.800–804. This exemption is New Jersey Avenue SE., West Building,
Issued on: August 6, 2015. Ground Floor, Room W12–140, 20590–
limited to motor carriers that have a
‘‘satisfactory’’ safety rating or are T.F. Scott Darling, III, 0001.
‘‘unrated’’; motor carriers with Chief Counsel. • Hand Delivery or Courier: West
‘‘conditional’’ or ‘‘unsatisfactory’’ safety [FR Doc. 2015–20686 Filed 8–20–15; 8:45 am] Building, Ground Floor, Room W12–
ratings are prohibited from utilizing this BILLING CODE 4910–EX–P 140, 1200 New Jersey Avenue SE.,
exemption. Drivers must have a copy of Washington, DC, between 9 a.m. and 5
the exemption document in their p.m. e.t., Monday through Friday,
possession while operating under the DEPARTMENT OF TRANSPORTATION except Federal holidays.
terms of the exemption and must Instructions: All submissions must
Federal Motor Carrier Safety include the Agency name and docket
present it to law enforcement officials Administration
upon request. number. For detailed instructions on
[Docket No. FMCSA–2015–0268] submitting comments and additional
Accident Reporting information on the exemption process,
Motor carriers must notify FMCSA by Agency Information Collection see the Public Participation heading
email addressed to MCPSD@DOT.GOV Activities; Revision of a Currently- below. Note that all comments received
with 5 business days of any accident (as Approved Information Collection will be posted without change to
defined in 49 CFR 390.5) that occurs Request: Motor Carrier Identification http://www.regulations.gov, including
while its driver is operating under the Report any personal information provided.
terms of this exemption. The AGENCY: Federal Motor Carrier Safety Please see the Privacy Act heading
notification must include: Administration (FMCSA), DOT. below.
a. Identifier of the Exemption: ‘‘HM’’ ACTION: Notice and request for
Docket: For access to the docket to
b. Name of operating carrier and information. read background documents or
USDOT number, comments received, go to http://
c. Date of the accident, SUMMARY: In accordance with the www.regulations.gov, and follow the
d. City or town, and State, in which Paperwork Reduction Act of 1995, online instructions for accessing the
the accident occurred, or closest to the FMCSA announces its plan to submit dockets, or go to the street address listed
accident scene, the Information Collection Request (ICR) above.
e. Driver’s name and license number, described below to the Office of Privacy Act: Anyone is able to search
f. Name of co-driver, if any, and Management and Budget (OMB) for the electronic form of all comments
license number review and approval and invites public received into any of our dockets by the
g. Vehicle number and state license comment. The FMCSA requests name of the individual submitting the
number, approval to revise an ICR entitled, comment (or signing the comment, if
h. Number of individuals suffering ‘‘Motor Carrier Identification Report,’’ submitted on behalf of an association,
physical injury, which is used to identify FMCSA business, labor union, etc.). You may
i. Number of fatalities, regulated entities, help prioritize the review DOT’s complete Privacy Act
j. The police-reported cause of the agency’s activities, aid in assessing the Statement for the Federal Docket
accident, safety outcomes of those activities, and Management System published in the
k. Whether the driver was cited for for statistical purposes. This ICR is Federal Register on January 17, 2008
violation of any traffic laws, motor being revised due to a Final Rule titled, (73 FR 3316), or you may visit http://
carrier safety regulations, and ‘‘Unified Registration System,’’ (78 FR edocket.access.gpo.gov/2008/pdfE8-
l. The total driving time and total on- 52608) dated August 23, 2013 which 794.pdf.
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duty time prior to the accident. will require regulated entities to file for Public Participation: The Federal
registration via a new online Form eRulemaking Portal is available 24
Safety Oversight of Carriers Operating MCSA–1 and eliminate the Forms MCS– hours each day, 365 days each year. You
Under the Exemption 150B and MCS–150C contained in the can obtain electronic submission and
FMCSA expects each motor carrier ICR. The Form MCS–150 will be retrieval help and guidelines under the
operating under the terms and retained for use by the small number of ‘‘help’’ section of the Federal
conditions of this exemption to Mexico-domiciled motor carriers that eRulemaking Portal Web site. If you
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Document Created: 2018-02-23 11:00:59
Document Modified: 2018-02-23 11:00:59
| 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 | The exemption is effective August 21, 2015 and expires on August 21, 2017. | |
| Contact | Thomas L. Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325; Email: [email protected] | |
| FR Citation | 80 FR 50912 |
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