81 FR 14189 - 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 81, Issue 51 (March 16, 2016)

Page Range		14189-14190
FR Document		2016-05904

FMCSA announces that it has denied the National Star Route Mail Contractors Association (NSRMCA) application to exempt its contract carrier members from the ``14-hour rule'' of the Agency's hours-of-service (HOS) regulations. NSRMCA requested that a driver of a commercial motor vehicle (CMV) transporting U.S. mail be allowed to follow an alternative HOS regimen consisting of no more than 10 hours of driving following 8 consecutive hours off duty; the driver would also be prohibited from driving after having been on duty for 15 non- consecutive hours following 8 consecutive hours off duty. FMCSA reviewed NSRMCA's application and the public comments received, and denied the application because available information did not allow the Agency to conclude that the proposed exemption would achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained absent the exemption.

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016)

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14189-14190]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05904]


-----------------------------------------------------------------------

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 final disposition; denial of application for 
exemption.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces that it has denied the National Star Route 
Mail Contractors Association (NSRMCA) application to exempt its 
contract carrier members from the ``14-hour rule'' of the Agency's 
hours-of-service (HOS) regulations. NSRMCA requested that a driver of a 
commercial motor vehicle (CMV) transporting U.S. mail be allowed to 
follow an alternative HOS regimen consisting of no more than 10 hours 
of driving following 8 consecutive hours off duty; the driver would 
also be prohibited from driving after having been on duty for 15 non-
consecutive hours following 8 consecutive hours off duty. FMCSA 
reviewed NSRMCA's application and the public comments received, and 
denied the application because available information did not allow the 
Agency to conclude that the proposed exemption would achieve a level of 
safety that is equivalent to, or greater than, the level of safety that 
would be obtained absent the exemption.

DATES: FMCSA denied the application for exemption by letter dated 
January 12, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, 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)).

NSRMCA Application for Exemption

    NSRMCA is a national trade association representing contractors 
transporting mail for the United States Postal Service (USPS) in all 50 
States as well as U.S. territories.
    On behalf of its members employing ``split-shift'' contract CMV 
drivers, NSRMCA requested an exemption from the ``14-hour rule'' in 49 
CFR 395.3(a)(2), which prohibits a property-carrying driver from 
driving a CMV after 14 hours after coming on duty following 10 
consecutive hours off duty. Under NSRMCA's proposal, a driver 
transporting U.S. mail could drive a CMV no more than 10 (instead of 
the normal 11) hours following 8 (instead of the normal 10) consecutive 
hours off duty; and not drive after having been on duty 15 hours 
following 8 consecutive hours off duty.

Public Comments

    On August 20, 2015, FMCSA published in the Federal Register notice 
of the NSRMCA application and requested public comment (80 FR 50711). 
The Agency received 562 comments, 542 of which opposed the exemption 
request. The commenters objected to the extension of the duty day, 
which they said would lead to more fatigued drivers and, potentially, 
an increase in CMV crashes. Several commenters saw this request as a 
cost-cutting measure which would enable NSRMCA members to reduce the 
number of CMV drivers they employed while performing the same level of 
mail-delivery service. Others noted that FMCSA had denied an identical 
request for the same exemption filed by the USPS (74 FR 23467, May 19, 
2009). USPS had failed to demonstrate that the exemption would maintain 
a level of safety equal to, or greater than, the level of safety 
established by the current HOS rules.
    Only 10 comments supported the exemption request, and two of them 
were filed by the original petitioner, NSRMCA.

FMCSA Decision

    The Agency's decision is based upon the information provided by the 
applicants, review of comments received in response to the Federal 
Register notice, and the substantial body of HOS research the FMCSA 
relied upon to implement the 14-hour rule (68 FR 22473, April 28, 
2003). The Agency concluded that the NSRMCA application failed to 
demonstrate how it would ensure that the operations of its members 
under the exemption would achieve a level of safety that would be 
obtained in the absence of the exemption. NSRMCA's exemption would 
allow drivers to operate for more hours and obtain less restorative 
rest. FMCSA has denied the same request on two previous occasions. 
NSRMCA did not provide any data, studies or research supporting its 
recommendations or sufficient specific information about these 
operations. Therefore, the Agency cannot determine that NSRMCA's 
proposed exemption would meet the statutory requirement to maintain the 
current levels of safety. Accordingly, FMCSA denied NSRMCA's 
application for exemption by letter dated January 12, 2016.


[[Page 14190]]


    Issued on: March 10, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-05904 Filed 3-15-16; 8:45 am]
 BILLING CODE 4910-EX-P

14190 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices

Issued on: March 10, 2016. personal information provided. Please II. Qualifications of Applicants
Larry W. Minor, see the Privacy Act heading below for
Gary L. Bartels
Associate Administrator for Policy. further information.
Mr. Bartels, 60, has had a retinal
[FR Doc. 2016–05904 Filed 3–15–16; 8:45 am] Docket: For access to the docket to
detachment in his left eye since 2009.
BILLING CODE 4910–EX–P read background documents or
The visual acuity in his right eye is 20/
comments, go to http:// 30, and in his left eye, 20/100.
www.regulations.gov at any time or Following an examination in 2015, his
DEPARTMENT OF TRANSPORTATION Room W12–140 on the ground level of optometrist stated, ‘‘In my opinion, Gary
the West Building, 1200 New Jersey Bartels has sufficient vision in his right
Federal Motor Carrier Safety
Avenue SE., Washington, DC, between 9 eye and with both eyes but not with his
Administration
a.m. and 5 p.m., Monday through left eye, and has sufficient field of
[Docket No. FMCSA–2015–0350] Friday, except Federal holidays. The vision in his right eye but not his left
FDMS is available 24 hours each day, eye, to perform the driving tasks
Qualification of Drivers; Exemption 365 days each year. If you want required to operate a commercial
Applications; Vision acknowledgment that we received your vehicle.’’ Mr. Bartels reported that he
AGENCY: Federal Motor Carrier Safety comments, please include a self- has driven tractor-trailer combinations
Administration (FMCSA), DOT. addressed, stamped envelope or for 35 years, accumulating 2.45 million
postcard or print the acknowledgement miles. He holds a Class AM CDL from
ACTION: Notice of applications for
page that appears after submitting Texas. His driving record for the last 3
exemptions; request for comments. comments on-line. years shows no crashes and no
SUMMARY: FMCSA announces receipt of Privacy Act: In accordance with 5 convictions for moving violations in a
applications from 30 individuals for U.S.C. 553(c), DOT solicits comments CMV.
exemption from the vision requirement from the public to better inform its Christopher Benavidez
in the Federal Motor Carrier Safety rulemaking process. DOT posts these
Regulations. They are unable to meet comments, without edit, including any Mr. Benavidez, 54, has had amblyopia
the vision requirement in one eye for personal information the commenter in his right eye since childhood. The
various reasons. The exemptions will provides, to www.regulations.gov, as visual acuity in his right eye is 20/100,
enable these individuals to operate described in the system of records and in his left eye, 20/20. Following an
commercial motor vehicles (CMVs) in notice (DOT/ALL–14 FDMS), which can examination in 2015, his optometrist
interstate commerce without meeting be reviewed at www.dot.gov/privacy. stated, ‘‘In my medical opinion he has
the prescribed vision requirement in more than sufficient vision to perform
FOR FURTHER INFORMATION CONTACT: the driving tasks required to operate a
one eye. If granted, the exemptions
would enable these individuals to Christine A. Hydock, Chief, Medical commercial vehicle.’’ Mr. Benavidez
qualify as drivers of commercial motor Programs Division, (202) 366–4001, reported that he has driven straight
vehicles (CMVs) in interstate commerce. fmcsamedical@dot.gov, FMCSA, trucks for 25 years, accumulating
Department of Transportation, 1200 350,000 miles and tractor-trailer
DATES: Comments must be received on
New Jersey Avenue SE., Room W64– combinations for 15 years, accumulating
or before April 15, 2016. All comments 113, Washington, DC 20590–0001.
will be investigated by FMCSA. The 150,000 miles. He holds a Class A CDL
Office hours are 8:30 a.m. to 5 p.m., e.t., from New Mexico. His driving record
exemptions will be issued the day after Monday through Friday, except Federal
the comment period closes. for the last 3 years shows no crashes and
holidays. If you have questions no convictions for moving violations in
ADDRESSES: You may submit comments regarding viewing or submitting a CMV.
bearing the Federal Docket Management material to the docket, contact Docket
System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826. William H. Brence
2015–0350 using any of the following Mr. Brence, 47, has had amblyopia in
methods: SUPPLEMENTARY INFORMATION:
his left eye since childhood. The visual
• Federal eRulemaking Portal: Go to I. Background acuity in his right eye is 20/20, and in
http://www.regulations.gov. Follow the his left eye, 20/50. Following an
on-line instructions for submitting Under 49 U.S.C. 31136(e) and 31315, examination in 2015, his optometrist
comments. FMCSA may grant an exemption from stated, ‘‘It is my opinion that Mr. Brence
• Mail: Docket Management Facility; the Federal Motor Carrier Safety has sufficient visual acuity, color vision,
U.S. Department of Transportation, 1200 Regulations for a 2-year period if it finds and field of vision to perform the
New Jersey Avenue SE., West Building ‘‘such exemption would likely achieve a driving tasks required to operate any
Ground Floor, Room W12–140, level of safety that is equivalent to or vehicle safely, but specifically to
Washington, DC 20590–0001. greater than the level that would be operate a commercial vehicle safely.’’
• Hand Delivery: West Building achieved absent such exemption.’’ Mr. Brence reported that he has driven
Ground Floor, Room W12–140, 1200 FMCSA can renew exemptions at the tractor-trailer combinations for 15 years,
New Jersey Avenue SE., Washington, end of each 2-year period. The 30 accumulating 1.95 million miles. He
DC, between 9 a.m. and 5 p.m., Monday individuals listed in this notice have holds a Class A CDL from South Dakota.
through Friday, except Federal each requested such an exemption from His driving record for the last 3 years
mstockstill on DSK4VPTVN1PROD with NOTICES

Holidays. the vision requirement in 49 CFR shows no crashes and no convictions for
• Fax: 1–202–493–2251. 391.41(b)(10), which applies to drivers moving violations in a CMV.
Instructions: Each submission must of CMVs in interstate commerce.
include the Agency name and the Accordingly, the Agency will evaluate Dean B. Carrick
docket numbers for this notice. Note the qualifications of each applicant to Mr. Carrick, 72, has had ptisis bulbi
that all comments received will be determine whether granting an in his left eye since childhood. The
posted without change to http:// exemption will achieve the required visual acuity in his right eye is 20/20,
www.regulations.gov, including any level of safety mandated by statute. and in his left eye, no light perception.

VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1

Document Created: 2016-03-15 23:44:29
Document Modified: 2016-03-15 23:44:29

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; denial of application for exemption.
Dates		FMCSA denied the application for exemption by letter dated January 12, 2016.
Contact		Mr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards, FMCSA; Telephone: 202-366-4325. Email: [email protected]
FR Citation		81 FR 14189

81 FR 14189 - Hours of Service of Drivers: National Star Route Mail Contractors Association; Application for Exemption

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 51 (March 16, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration