81 FR 17240 - Hours of Service of Drivers: American Trucking Associations (ATA); Denial of Application for Exemption
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 59 (March 28, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 59 (March 28, 2016)
| Page Range | 17240-17241 | |
| FR Document | 2016-06951 |
[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)] [Notices] [Pages 17240-17241] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06951] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2013-0470] Hours of Service of Drivers: American Trucking Associations (ATA); Denial of Application for Exemption AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; denial of application for exemption. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its denial of the application of ATA for an exemption from the 14-hour provision of the Agency's hours-of-service regulations to enable certain drivers to exclude waiting time from their calculations of on-duty time. Currently, only specially trained drivers of commercial motor vehicles (CMVs) that are specially constructed to service oil and natural gas extraction sites may employ this provision. ATA proposed that FMCSA issue a limited 2-year exemption to permit exclusion of such waiting time by drivers of CMVs who are exclusively engaged in servicing oil and natural gas extraction sites and have the opportunity to obtain rest while waiting at such sites. FMCSA concluded that ATA did not demonstrate how the CMV operations under such an exemption would achieve a level of safety equivalent to or greater than the level of safety obtained in the absence of the exemption. DATES: FMCSA denied the application for exemption by letter dated February 4, 2016, after notice and opportunity for public comment. ADDRESSES: Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The online FDMS is available 24 hours each day, 365 days each year. FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, Driver and Carrier Operations Division 202-366-4325 or: [email protected], Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590- [[Page 17241]] 0001. If you have questions on viewing material in the docket, contact Docket Services at (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Public Participation Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, ``FMCSA-2013-0470 in the ``Keyword'' box and click ``Search.'' Next, click the ``Open Docket Folder'' button and choose the document to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations (FMCSRs). 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 specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). III. Background Part 395 of the FMCSRs contains the hours of service (HOS) rules for drivers of CMVs in interstate commerce. Section 395.8 requires most interstate CMV drivers to maintain a handwritten or electronic record of duty status, or log, on a 24-hour grid. They must record their duty status as either ``off duty,'' ``sleeper berth,'' ``on duty/not driving,'' or ``on duty/driving.'' Drivers must keep their log up to date to the most recent change of duty status and have their log for the current date and the preceding 7 days on board the CMV. Generally, a driver may not record time as ``off duty'' unless he or she has been relieved of all duty and responsibility for the care and custody of the CMV, its accessories, and its cargo, and is free to pursue activities of his or her own choosing. Thus, drivers who are waiting, whether at a loading dock or at a natural gas or oil well site, are generally considered to be ``on duty.'' Section 395.3(a)(2) provides that ``a driver may drive only during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty.'' However, the FMCSRs provide an exception to the 14-hour rule for the waiting time of a specific classification of driver. Section 395.1(d)(2) provides, ``In the case of specially trained drivers of commercial motor vehicles that are specially constructed to service oil wells, on-duty time shall not include waiting time at a natural gas or oil well site'' (waiting-time rule). These drivers may record such waiting time as off duty time, making note of the waiting- time rule on their log. Section 395.1(d)(2) also provides that the waiting time of these drivers ``shall not be included in calculating the 14-hour period. . . .'' IV. Request for Exemption ATA requested a limited 2-year renewable exemption to permit similar treatment of waiting time at such locations to drivers ``exclusively engaged in servicing oil and natural gas extraction sites'' who are able to establish ``a method to adequately ensure a rest opportunity while waiting.'' ATA suggested that ``trucks equipped with sleeper berths'' and ``on-site bunking or resting facilities'' would satisfy the ``rest opportunity'' standard. ATA believes the proposed exemption would encourage these drivers to obtain quality rest at extraction sites and would provide an improved standard for State officials enforcing waiting time requirements. V. Public Comments and Agency Decision On May 23, 2014, FMCSA published notice of this application and asked for public comment (79 FR 29837). The Agency received 37 comments representing various transportation interests in response to the proposed exemption. Twenty-one commenters expressed support for the ATA's request for the exemption. Among the supporters were individuals and companies such as the American Exploration & Production Council and the National Association of Manufacturers. Eleven commenters opposed granting the exemption as requested. The commenters included Advocates for Highway and Auto Safety and the Commercial Vehicle Safety Alliance. Five individuals provided comments that neither opposed nor supported the proposed exemption. The Agency reviewed ATA's application and the public comments. By letter dated February 4, 2016, FMCSA denied the application because the Agency concluded that CMV operations under the proposed exemption were not likely to achieve a level of safety equivalent to or greater than the level of safety that would be achieved in the absence of the exemption [49 CFR 381.310(c)(5)]. Fatigue during the work day represents the greatest safety risk because the 60- and 70-hour rules would remain in effect if the exemption or petition were granted. The proposed relief from the 14-hour rule would enable miscellaneous off- duty periods at the oil or natural gas work sites to be excluded when determining whether the individual may operate the CMV during the work day. This creates the potential for extremely long work days provided the individual has not accumulated 14 hours of on-duty time prior to completing his/her driving tasks for the day. This may represent an extreme condition but the current waiting time exception does not include a limit and the ATA's request would extend this potentially risky option to a wider population of oil and natural gas workers. A copy of the denial letter is in the docket referenced at the beginning of this notice. Issued on: March 21, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-06951 Filed 3-25-16; 8:45 am] BILLING CODE 4910-EX-P
![17240 Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Notices
no crashes and no convictions for III. Public Participation and Request for Issued on: March 21, 2016.
moving violations in a CMV. Comments Larry W. Minor,
Associate Administrator for Policy.
Charles H. Strople FMCSA encourages you to participate [FR Doc. 2016–06955 Filed 3–25–16; 8:45 am]
by submitting comments and related
Mr. Strople, 73, had a retinal BILLING CODE 4910–EX–P
materials.
detachment in his left eye in 2011. The
visual acuity in his right eye is 20/20, Submitting Comments
and in his left eye, 20/200. Following an DEPARTMENT OF TRANSPORTATION
examination in 2015, his If you submit a comment, please
include the docket number for this Federal Motor Carrier Safety
ophthalmologist stated, ‘‘In my medical Administration
opinion, Mr. Strople has sufficient notice, indicate the specific section of
vision to operate a commercial vehicle.’’ this document to which each comment [Docket No. FMCSA–2013–0470]
Mr. Strople reported that he has driven applies, and provide a reason for each
suggestion or recommendation. You Hours of Service of Drivers: American
straight trucks for 49 years,
may submit your comments and Trucking Associations (ATA); Denial of
accumulating 980,000 miles, and Application for Exemption
tractor-trailer combinations for 49 years, material online or by fax, mail, or hand
accumulating 2.45 million miles. He delivery, but please use only one of AGENCY: Federal Motor Carrier Safety
holds a Class A CDL from these means. FMCSA recommends that Administration (FMCSA), DOT.
Massachusetts. His driving record for you include your name and a mailing ACTION: Notice of final disposition;
the last 3 years shows no crashes and no address, an email address, or a phone denial of application for exemption.
convictions for moving violations in a number in the body of your document
CMV. so the Agency can contact you if it has SUMMARY: FMCSA announces its denial
questions regarding your submission. of the application of ATA for an
Eddie Walker To submit your comment online, go to exemption from the 14-hour provision
of the Agency’s hours-of-service
Mr. Walker, 44, has had amblyopia in http://www.regulations.gov and put the
regulations to enable certain drivers to
his left eye since childhood. The visual docket number FMCSA–2015–0351 in
exclude waiting time from their
acuity in his right eye is 20/20, and in the ‘‘Keyword’’ box, and click ‘‘Search.
calculations of on-duty time. Currently,
his left eye, 20/200. Following an When the new screen appears, click on only specially trained drivers of
examination in 2015, his optometrist ‘‘Comment Now!’’ button and type your commercial motor vehicles (CMVs) that
stated, ‘‘In my medical opinion Chad’s comment into the text box in the are specially constructed to service oil
depth perception based on adapting following screen. Choose whether you and natural gas extraction sites may
since birth to the amblyopic Left Eye are submitting your comment as an employ this provision. ATA proposed
[sic] is sufficient and given all vision individual or on behalf of a third party that FMCSA issue a limited 2-year
testing I would give the and then submit. If you submit your exemption to permit exclusion of such
recommendation that Chad has comments by mail or hand delivery, waiting time by drivers of CMVs who
sufficient vision to perform the driving submit them in an unbound format, no are exclusively engaged in servicing oil
tasks required to operate a commercial larger than 81⁄2 by 11 inches, suitable for and natural gas extraction sites and have
vehicle.’’ Mr. Walker reported that he copying and electronic filing. If you the opportunity to obtain rest while
has driven tractor-trailer combinations submit comments by mail and would waiting at such sites. FMCSA concluded
for 16 years, accumulating 672,000 like to know that they reached the that ATA did not demonstrate how the
miles. He holds a Class A CDL from facility, please enclose a stamped, self- CMV operations under such an
North Carolina. His driving record for addressed postcard or envelope. exemption would achieve a level of
the last 3 years shows no crashes and no FMCSA will consider all comments safety equivalent to or greater than the
level of safety obtained in the absence
convictions for moving violations in a and material received during the
of the exemption.
CMV. comment period and may change this
notice based on your comments. DATES: FMCSA denied the application
Trent Wipf for exemption by letter dated February
Viewing Comments and Documents 4, 2016, after notice and opportunity for
Mr. Wifp, 30, has been blind in his public comment.
right eye due to a traumatic incident in To view comments, as well as
ADDRESSES: Docket: For access to the
childhood. The visual acuity in his right documents mentioned in this preamble
docket to read background documents
eye is no light perception, and in his left as being available in the docket, go to or comments, go to www.regulations.gov
eye, 20/20. Following an examination in http://www.regulations.gov and insert at any time or visit Room W12–140 on
2015, his optometrist stated, ‘‘I, Erica the docket number FMCSA–2015–0351 the ground level of the West Building,
Seelye, O.D., hereby certify that Trent in the ‘‘Keyword’’ box and click 1200 New Jersey Avenue SE.,
Wipf has sufficient vision to perform the ‘‘Search.’’ Next, click ‘‘Open Docket Washington, DC, between 9 a.m. and 5
driving tasks required to operate a Folder’’ button and choose the p.m., ET, Monday through Friday,
commercial vehicle.’’ Mr. Wipf reported document listed to review. If you do not except Federal holidays. The online
that he has driven straight trucks for 15 have access to the Internet, you may FDMS is available 24 hours each day,
years, accumulating 15,000 miles and view the docket online by visiting the
Lhorne on DSK5TPTVN1PROD with NOTICES
365 days each year.
tractor-trailer combinations for 15 years, Docket Management Facility in Room FOR FURTHER INFORMATION CONTACT: Mrs.
accumulating 300,000 miles. He holds a W12–140 on the ground floor of the Pearlie Robinson, Driver and Carrier
Class A CDL from South Carolina. His DOT West Building, 1200 New Jersey Operations Division 202–366–4325 or:
driving record for the last 3 years shows Avenue SE., Washington, DC 20590, MCPSD@dot.gov, Federal Motor Carrier
no crashes and no convictions for between 9 a.m. and 5 p.m., e.t., Monday Safety Administration, 1200 New Jersey
moving violations in a CMV. through Friday, except Federal holidays. Avenue SE., Washington, DC 20590–
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![Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Notices 17241
0001. If you have questions on viewing their duty status as either ‘‘off duty,’’ for the exemption. Among the
material in the docket, contact Docket ‘‘sleeper berth,’’ ‘‘on duty/not driving,’’ supporters were individuals and
Services at (202) 366–9826. or ‘‘on duty/driving.’’ Drivers must keep companies such as the American
SUPPLEMENTARY INFORMATION: their log up to date to the most recent Exploration & Production Council and
change of duty status and have their log the National Association of
I. Public Participation for the current date and the preceding Manufacturers. Eleven commenters
Viewing Comments and Documents 7 days on board the CMV. opposed granting the exemption as
Generally, a driver may not record requested. The commenters included
To view comments, as well as time as ‘‘off duty’’ unless he or she has
documents mentioned in this preamble Advocates for Highway and Auto Safety
been relieved of all duty and
as being available in the docket, go to and the Commercial Vehicle Safety
responsibility for the care and custody
www.regulations.gov and insert the of the CMV, its accessories, and its Alliance. Five individuals provided
docket number, ‘‘FMCSA–2013–0470 in cargo, and is free to pursue activities of comments that neither opposed nor
the ‘‘Keyword’’ box and click ‘‘Search.’’ his or her own choosing. Thus, drivers supported the proposed exemption.
Next, click the ‘‘Open Docket Folder’’ who are waiting, whether at a loading The Agency reviewed ATA’s
button and choose the document to dock or at a natural gas or oil well site, application and the public comments.
review. If you do not have access to the are generally considered to be ‘‘on By letter dated February 4, 2016,
Internet, you may view the docket duty.’’ Section 395.3(a)(2) provides that FMCSA denied the application because
online by visiting the Docket ‘‘a driver may drive only during a the Agency concluded that CMV
Management Facility in Room W12–140 period of 14 consecutive hours after operations under the proposed
on the ground floor of the DOT West coming on duty following 10 exemption were not likely to achieve a
Building, 1200 New Jersey Avenue SE., consecutive hours off duty.’’ However,
Washington, DC 20590, between 9 a.m. level of safety equivalent to or greater
the FMCSRs provide an exception to the than the level of safety that would be
and 5 p.m., e.t., Monday through Friday, 14-hour rule for the waiting time of a
except Federal holidays. achieved in the absence of the
specific classification of driver. Section
exemption [49 CFR 381.310(c)(5)].
II. Legal Basis 395.1(d)(2) provides, ‘‘In the case of
specially trained drivers of commercial Fatigue during the work day represents
FMCSA has authority under 49 U.S.C. motor vehicles that are specially the greatest safety risk because the 60-
31136(e) and 31315 to grant exemptions constructed to service oil wells, on-duty and 70-hour rules would remain in
from certain parts of the Federal Motor time shall not include waiting time at a effect if the exemption or petition were
Carrier Safety Regulations (FMCSRs). natural gas or oil well site’’ (waiting- granted. The proposed relief from the
FMCSA must publish a notice of each time rule). These drivers may record 14-hour rule would enable
exemption request in the Federal such waiting time as off duty time, miscellaneous off-duty periods at the oil
Register (49 CFR 381.315(a)). The making note of the waiting-time rule on or natural gas work sites to be excluded
Agency must provide the public an their log. Section 395.1(d)(2) also when determining whether the
opportunity to inspect the information provides that the waiting time of these individual may operate the CMV during
relevant to the application, including drivers ‘‘shall not be included in the work day. This creates the potential
any safety analyses that have been calculating the 14-hour period. . . .’’ for extremely long work days provided
conducted. The Agency must also the individual has not accumulated 14
provide an opportunity for public IV. Request for Exemption
hours of on-duty time prior to
comment on the request. ATA requested a limited 2-year completing his/her driving tasks for the
The Agency reviews safety analyses renewable exemption to permit similar
day. This may represent an extreme
and public comments submitted and treatment of waiting time at such
condition but the current waiting time
determines whether granting the locations to drivers ‘‘exclusively
exemption would likely achieve a level exception does not include a limit and
engaged in servicing oil and natural gas
of safety equivalent to or greater than extraction sites’’ who are able to the ATA’s request would extend this
the level that would be achieved by the establish ‘‘a method to adequately potentially risky option to a wider
current regulation (49 CFR 381.305). ensure a rest opportunity while population of oil and natural gas
The decision of the Agency must be waiting.’’ ATA suggested that ‘‘trucks workers.
published in the Federal Register (49 equipped with sleeper berths’’ and ‘‘on- A copy of the denial letter is in the
CFR 381.315(b)) with the reasons for site bunking or resting facilities’’ would docket referenced at the beginning of
denying or granting the application and, satisfy the ‘‘rest opportunity’’ standard. this notice.
if granted, the name of the person or ATA believes the proposed exemption
Issued on: March 21, 2016.
class of persons receiving the exemption would encourage these drivers to obtain
and the regulatory provision from which quality rest at extraction sites and Larry W. Minor,
the exemption is granted. The notice would provide an improved standard Associate Administrator for Policy.
must specify the effective period and for State officials enforcing waiting time [FR Doc. 2016–06951 Filed 3–25–16; 8:45 am]
explain the terms and conditions of the requirements. BILLING CODE 4910–EX–P
exemption. The exemption may be
V. Public Comments and Agency
renewed (49 CFR 381.300(b)).
Decision
III. Background On May 23, 2014, FMCSA published
Lhorne on DSK5TPTVN1PROD with NOTICES
Part 395 of the FMCSRs contains the notice of this application and asked for
hours of service (HOS) rules for drivers public comment (79 FR 29837). The
of CMVs in interstate commerce. Agency received 37 comments
Section 395.8 requires most interstate representing various transportation
CMV drivers to maintain a handwritten interests in response to the proposed
or electronic record of duty status, or exemption. Twenty-one commenters
log, on a 24-hour grid. They must record expressed support for the ATA’s request
VerDate Sep<11>2014 14:52 Mar 25, 2016 Jkt 238001 PO 00000 Frm 00109 Fmt 4703 Sfmt 9990 E:\FR\FM\28MRN1.SGM 28MRN1](https://thefederalregister.org/doc/81_FR_17299/page/2.svg)
Document Created: 2016-03-26 00:12:56
Document Modified: 2016-03-26 00:12:56
| 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 February 4, 2016, after notice and opportunity for public comment. | |
| Contact | Mrs. Pearlie Robinson, Driver and Carrier Operations Division 202-366-4325 or: [email protected], Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590- 0001. If you have questions on viewing material in the docket, contact Docket Services at (202) 366-9826. | |
| FR Citation | 81 FR 17240 |
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