80 FR 59848 - Hours of Service of Drivers: R&R Transportation Group; Application for Exemption

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 191 (October 2, 2015)

Page Range		59848-59850
FR Document		2015-25132

FMCSA announces its decision to grant the R&R Transportation Group (R&R) an exemption from the minimum 30-minute rest break requirement of the Agency's hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. FMCSA has analyzed the exemption application and the public comments and has determined that the exemption, subject to the terms and conditions imposed, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. The exemption is available only to R&R's drivers engaged in the transportation of materials that by their nature must be attended, such as radioactive materials, pharmaceuticals, and ammunition. The exemption provides these drivers the same regulatory flexibility that the HOS regulations allow drivers transporting explosives, i.e., to use 30 minutes or more of on-duty attendance time to meet the HOS rest break requirements, provided they do not perform any other work during the break.

Federal Register, Volume 80 Issue 191 (Friday, October 2, 2015)

[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Notices]
[Pages 59848-59850]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25132]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0197]


Hours of Service of Drivers: R&R Transportation Group; 
Application for 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 R&R Transportation 
Group (R&R) an exemption from the minimum 30-minute rest break 
requirement of the Agency's hours-of-service (HOS) regulations for 
commercial motor vehicle (CMV) drivers. FMCSA has analyzed the 
exemption application and the public comments and has determined that 
the exemption, subject to the terms and conditions imposed, will 
achieve a level of safety that is equivalent to, or greater than, the 
level that would be achieved absent such exemption. The exemption is 
available only to R&R's drivers engaged in the transportation of 
materials that by their nature must be attended, such as radioactive 
materials, pharmaceuticals, and ammunition. The exemption provides 
these drivers the same regulatory flexibility that the HOS regulations 
allow drivers transporting explosives, i.e., to use 30 minutes or more 
of on-duty attendance time to meet the HOS rest break requirements, 
provided they do not perform any other work during the break.

DATES: The exemption is effective October 2, 2015 and expires on 
October 2, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Schultz, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; 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. 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)).
    On December 27, 2011, FMCSA published a final rule amending the HOS 
regulations (49 CFR part 395) for drivers of CMVs (76 FR 81133). The 
final rule included a new provision requiring certain drivers to take a 
rest break during their duty day. Specifically, the rule states that 
``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'' [49 CFR 395.3(a)(3)(ii)]. This provision took effect on 
July 1, 2013.
    Under the HOS rules, a driver is on duty if he or she is 
``performing any other work in the capacity, employ, or service of a 
motor carrier'' (Sec.  395.2). A driver is off duty when relieved of 
all duty and responsibility for the care and custody of the vehicle, 
its accessories, and any cargo it may be carrying. However, the Agency 
has recognized that under certain circumstances it is unsafe for CMVs 
to be left unattended so that the driver can take 30 minutes off duty. 
By regulation, FMCSA allows operators of CMVs transporting certain 
explosives to satisfy the rest-break requirement by using 30 minutes or 
more of on-duty attendance time providing they perform no other work 
during the break [49 CFR 395.1(q)]. Drivers employing this provision 
are required to annotate their duty-status record to indicate that they 
have used the exception.
    The Agency has granted temporary exemptions of the type provided by 
49 CFR 395.1(q) to drivers transporting security-sensitive radioactive 
materials (78 FR 32700, May 31, 2013), weapons, munitions, and 
sensitive/classified cargo (80 FR 20556, April 16, 2015), and oversize/
overweight (OS/OW) loads (80 FR 34957, June 18, 2015).

[[Page 59849]]

Request for Exemption

    R&R operates three for-hire motor carriers that transport property 
in interstate commerce: R & R Trucking, Inc., USDOT 382936; TNI USA 
Inc. NC dba AATCO, USDOT 513601; and NEI Transport, LLC, USDOT 676270. 
R&R indicates that these three entities operate 255 power units and 
that approximately 290 drivers would be covered by the exemption. R&R's 
application for exemption states that the goods it transports are of 
such a nature or value that its drivers must keep the CMV under 
constant observation to prevent theft or an adverse security incident. 
The application provides examples of the goods transported by R&R CMVs: 
weapons, ammunition, night-vision goggles, pharmaceuticals, and 
radioactive materials. R&R maintains constant attendance of such loads 
in order to protect the public from a major security or hazardous 
material event. R&R states that Federal contracts often require CMV 
drivers to maintain constant surveillance of the vehicle, and may 
require the driver of an escort CMV to maintain constant surveillance 
as well. In addition, R&R states that the U.S. Department of Homeland 
Security may require surveillance as part of a security alert posted in 
the National Terrorism Advisory System, and that some Federal agencies, 
in response to a threat, establish a security threat zone, or geo-
fence, restricting or barring further movement of an R&R CMV. R&R 
states that the Department of Defense provides documentation to CMV 
drivers to alert roadside inspectors of surveillance requirements.
    R&R requested an exemption from the HOS regulation pertaining to 
rest breaks [49 CFR 395.3(a)(3)(ii)] to allow R&R drivers providing 
surveillance services to be treated the same as CMV drivers attending 
explosives under Sec.  395.1(q). R&R believes that transportation under 
the requested exemption would achieve a level of safety and security 
that is at least equivalent to what would be obtained by following the 
normal break requirements in Sec.  395.3(a)(3)(ii). R&R states that it 
will restrict its drivers of such CMVs from performing any other on-
duty functions while satisfying the 30-minute break requirement. R&R 
states that it will require its drivers to annotate their records of 
duty status to indicate on-duty periods used to satisfy the rest-break 
requirement in accordance with Sec.  395.1(q).
    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 constantly to attend his or her vehicle must take the minimum 
30-minute rest break as off-duty time, which does not count against the 
driving window of 60 hours on duty in 7 days or 70 hours in 8 days. 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.

Public Comments

    On July 13, 2015, FMCSA published notice of this application, and 
asked for public comment (80 FR 40120). No comments were received to 
the docket.

FMCSA Decision

    FMCSA has evaluated R&R's application for exemption. The Agency 
believes that R&R's 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)], and therefore grants this exemption, 
subject to the terms and conditions outlined below.

Terms of the Exemption

    1. Drivers of R & R Trucking, Inc., USDOT 382936; TNI USA Inc. NC 
dba AATCO, USDOT 513601; and NEI Transport, LLC, USDOT 676270, who are 
transporting materials that by their nature must be attended, such as 
radioactive materials, pharmaceuticals, and ammunition, are exempt from 
the requirement for a 30-minute rest break in Sec.  395.3(a)(3)(ii). 
Drivers of loads not moving in interstate commerce are not eligible for 
this exemption.
    2. Drivers must have a copy of this exemption document in their 
possession while operating under the terms of the exemption and present 
it to law enforcement officials upon request.
    3. The motor carriers operating under this exemption must maintain 
a ``Satisfactory'' safety rating with FMCSA, or be ``Unrated.'' Motor 
carriers with ``Conditional'' or ``Unsatisfactory'' FMCSA safety 
ratings are prohibited from using this exemption.
    4. The motor carriers operating under this exemption must maintain 
Safety Measurement System (SMS) scores below FMCSA's intervention 
thresholds, as displayed at http://ai.fmcsa.dot.gov/sms/.

Period of the Exemption

    This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is 
granted for the period from 12:01 a.m., October 2, 2015 through 11:59 
p.m., October 2, 2017.

Extent of the Exemption

    This exemption is limited to the provisions of 49 CFR 
395.3(a)(3)(ii). These drivers must comply with all other applicable 
provisions of the FMCSRs.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.

Notification to FMCSA

    Any motor carrier utilizing this exemption must notify FMCSA within 
5 business days of any accident (as defined in 49 CFR 390.5), involving 
any of the motor carrier's CMV drivers operating under the terms of 
this exemption. The notification must be emailed to [email protected] and 
include the following information:
    a. Identification of Exemption: ``R&R,''
    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 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.

Termination

    FMCSA believes the motor carriers engaged in these operations will 
continue to maintain their previous safety record while operating under 
this exemption. However, should problems occur, FMCSA will take all 
steps necessary to protect the public interest, including immediate 
revocation or restriction of the exemption. The FMCSA will immediately 
revoke or restrict the exemption for failure to comply with its terms 
and conditions.


[[Page 59850]]


    Issued on: September 25, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-25132 Filed 10-1-15; 8:45 am]
 BILLING CODE 4910-EX-P

59848 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices

Manchester-Boston Regional Airport in DEPARTMENT OF TRANSPORTATION The Agency reviews safety analyses
Manchester, NH. and public comments submitted, and
Federal Motor Carrier Safety determines whether granting the
The subject parcel is currently
Administration exemption would likely achieve a level
undeveloped and has been identified for
commercial development on the current [Docket No. FMCSA–2015–0197] of safety equivalent to, or greater than,
Airport Layout Plan. The airport will the level that would be achieved by the
retain the land to generate a long term Hours of Service of Drivers: R&R current regulation (49 CFR 381.305).
Transportation Group; Application for The decision of the Agency must be
lease revenue for the airport and thus,
Exemption published in the Federal Register (49
is requesting a release to change the
AGENCY: Federal Motor Carrier Safety CFR 381.315(b)) with the reasons for
property from aeronautical use to non-
Administration (FMCSA), DOT. denying or granting the application and,
aeronautical use. It has been determined
if granted, the name of the person or
through study and master planning that ACTION: Notice of final disposition; grant
class of persons receiving the
the subject parcel will not be needed for of application for exemption.
exemption, and the regulatory provision
aeronautical purposes is not contiguous
SUMMARY: FMCSA announces its from which the exemption is granted.
to the airport proper. Full and
decision to grant the R&R The notice must also specify the
permanent relief of the surplus property Transportation Group (R&R) an effective period and explain the terms
requirements on this parcel will allow exemption from the minimum 30- and conditions of the exemption. The
the airport to generate long term minute rest break requirement of the exemption may be renewed (49 CFR
revenue through lease of the land. All Agency’s hours-of-service (HOS) 381.300(b)).
lease revenue will continue to be subject regulations for commercial motor
to the FAAs revenue-use policy and On December 27, 2011, FMCSA
vehicle (CMV) drivers. FMCSA has
dedicated to the maintenance and published a final rule amending the
analyzed the exemption application and
operation of the Manchester-Boston HOS regulations (49 CFR part 395) for
the public comments and has
Regional Airport. drivers of CMVs (76 FR 81133). The
determined that the exemption, subject
to the terms and conditions imposed, final rule included a new provision
DATES: Comments must be received on requiring certain drivers to take a rest
will achieve a level of safety that is
or before November 2, 2015. equivalent to, or greater than, the level break during their duty day.
ADDRESSES: You may send comments that would be achieved absent such Specifically, the rule states that ‘‘driving
exemption. The exemption is available is not permitted if more than 8 hours
using any of the following methods:
only to R&R’s drivers engaged in the have passed since the end of the driver’s
• Federal eRulemaking Portal: Go to last off-duty or sleeper-berth period of at
transportation of materials that by their
http://www.regulations.gov, and follow least 30 minutes’’ [49 CFR
nature must be attended, such as
the instructions on providing radioactive materials, pharmaceuticals, 395.3(a)(3)(ii)]. This provision took
comments. and ammunition. The exemption effect on July 1, 2013.
• Fax: 202–493–2251 provides these drivers the same Under the HOS rules, a driver is on
• Mail: U.S. Department of regulatory flexibility that the HOS duty if he or she is ‘‘performing any
Transportation, Docket Operations, M– regulations allow drivers transporting other work in the capacity, employ, or
30, West Building Ground Floor, Room explosives, i.e., to use 30 minutes or service of a motor carrier’’ (§ 395.2). A
more of on-duty attendance time to meet driver is off duty when relieved of all
W 12–140, 1200 New Jersey Avenue SE.,
the HOS rest break requirements, duty and responsibility for the care and
Washington, DC 20590
provided they do not perform any other custody of the vehicle, its accessories,
• Hand Delivery: Deliver to mail work during the break. and any cargo it may be carrying.
address above between 9 a.m. and 5 DATES: The exemption is effective However, the Agency has recognized
p.m., Monday through Friday, except October 2, 2015 and expires on October that under certain circumstances it is
Federal holidays. 2, 2017. unsafe for CMVs to be left unattended
Interested persons may inspect the FOR FURTHER INFORMATION CONTACT: Mr. so that the driver can take 30 minutes
request and supporting documents by Robert Schultz, FMCSA Driver and off duty. By regulation, FMCSA allows
contacting the FAA at the address listed Carrier Operations Division; Office of operators of CMVs transporting certain
under FOR FURTHER INFORMATION Carrier, Driver and Vehicle Safety explosives to satisfy the rest-break
CONTACT. Standards, FMCSA; Telephone: 202– requirement by using 30 minutes or
366–4325. Email: MCPSD@dot.gov. more of on-duty attendance time
FOR FURTHER INFORMATION CONTACT: Mr. SUPPLEMENTARY INFORMATION: providing they perform no other work
Jorge E. Panteli, Compliance and Land during the break [49 CFR 395.1(q)].
Use Specialist, Federal Aviation Background
Drivers employing this provision are
Administration New England Region FMCSA has authority under 49 U.S.C.
required to annotate their duty-status
Airports Division, 12 New England 31136(e) and 31315 to grant exemptions
record to indicate that they have used
Executive Park, Burlington, from certain parts of the Federal Motor
the exception.
Massachusetts, Telephone 781–238– Carrier Safety Regulations. FMCSA must
publish a notice of each exemption The Agency has granted temporary
7618.
exemptions of the type provided by 49
mstockstill on DSK4VPTVN1PROD with NOTICES

request in the Federal Register (49 CFR
Issued in Burlington, Massachusetts on 381.315(a)). The Agency must provide CFR 395.1(q) to drivers transporting
September 23, 2015. the public an opportunity to inspect the security-sensitive radioactive materials
Mary T. Walsh, information relevant to the application, (78 FR 32700, May 31, 2013), weapons,
Manager, Airports Division. including any safety analyses that have munitions, and sensitive/classified
[FR Doc. 2015–25093 Filed 10–1–15; 8:45 am] been conducted. The Agency must also cargo (80 FR 20556, April 16, 2015), and
BILLING CODE P provide an opportunity for public oversize/overweight (OS/OW) loads (80
comment on the request. FR 34957, June 18, 2015).

VerDate Sep<11>2014 20:43 Oct 01, 2015 Jkt 238001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1

Document Created: 2015-12-15 08:44:09
Document Modified: 2015-12-15 08:44:09

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 October 2, 2015 and expires on October 2, 2017.
Contact		Mr. Robert Schultz, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards, FMCSA; Telephone: 202-366-4325. Email: [email protected]
FR Citation		80 FR 59848

80 FR 59848 - Hours of Service of Drivers: R&R Transportation Group; Application for Exemption

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 191 (October 2, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration