81_FR_48637 81 FR 48495 - Hours of Service of Drivers: U.S. Department of Energy (DOE); FAST Act Extension of Expiration Date

81 FR 48495 - Hours of Service of Drivers: U.S. Department of Energy (DOE); FAST Act Extension of Expiration Date

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 142 (July 25, 2016)

Page Range48495-48496
FR Document2016-17459

FMCSA announces the extension of the hours-of-service (HOS) exemption granted to the U.S. Department of Energy (DOE) on June 30, 2015, for certain commercial motor vehicle (CMV) drivers. The Agency extends the expiration date of the exemption to June 29, 2020 in response to section 5206(b)(2)(A) of the ``Fixing America's Surface Transportation Act'' (FAST Act). That section extends the expiration date of all HOS exemptions in effect on the date of enactment to 5 years from the date of issuance of the exemptions. The DOE exemption from the Agency's 30-minute rest break requirement is limited to DOE's contract motor carriers and their employee-drivers engaged in the transportation of security-sensitive radioactive materials. The Agency previously determined that CMV operations under this exemption would likely achieve a level of safety equivalent to or greater than the level of safety that would be obtained in the absence of the exemption.

Federal Register, Volume 81 Issue 142 (Monday, July 25, 2016) 
[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Pages 48495-48496]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17459]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0370]


Hours of Service of Drivers: U.S. Department of Energy (DOE); 
FAST Act Extension of Expiration Date

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice; extension of exemption.

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

SUMMARY: FMCSA announces the extension of the hours-of-service (HOS) 
exemption granted to the U.S. Department of Energy (DOE) on June 30, 
2015, for certain commercial motor vehicle (CMV) drivers. The Agency 
extends the expiration date of the exemption to June 29, 2020 in 
response to section 5206(b)(2)(A) of the ``Fixing America's Surface 
Transportation Act'' (FAST Act). That section extends the expiration 
date of all HOS exemptions in effect on the date of enactment to 5 
years from the date of issuance of the exemptions. The DOE exemption 
from the Agency's 30-minute rest break requirement is limited to DOE's 
contract motor carriers and their employee-drivers engaged in the 
transportation of security-sensitive radioactive materials. The Agency 
previously determined that CMV operations under this exemption would 
likely achieve a level of safety equivalent to or greater than the 
level of safety that would be obtained in the absence of the exemption.

DATES: This limited exemption is effective from June 30, 2015, through 
June 29, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 614-942-6477. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

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. FMCSA must publish a notice of each exemption request in 
the Federal Register [49 CFR 381.315(a)].
    Section 5206(b)(2)(A) of the FAST Act requires FMCSA to extend all 
exemptions from the HOS regulations (49 CFR part 395) that were in 
effect on the date of enactment of the Act to a period of 5 years from 
the date the exemption was granted. The exemption may be renewed. 
Because this action merely implements a statutory mandate that took 
effect on the date of enactment of the FAST Act, notice and comment are 
not required.

DOE Exemption

    From 2013 to 2015, DOE held a limited exemption from the mandatory 
30-minute rest break requirement of 49 CFR 395.3(a)(3)(ii) that allowed 
DOE contract carriers and their drivers transporting security-sensitive 
radioactive materials to be treated the same as drivers transporting 
explosives pursuant to Sec.  395.1(q). As that exemption neared 
expiration, DOE applied for its renewal.
    FMCSA reviewed DOE's request and the public comments and reaffirmed 
its previous conclusion that allowing these drivers to count on-duty 
time ``attending'' their CMVs toward the required 30-minute break, 
would promote safety at least as effectively as the break itself. The 
notice renewing the DOE exemption was published on June 22, 2015 [80 FR 
35703].
    The substance of the 2015 exemption is not affected by this 
extension. The DOE exemption covers only the 30-minute break 
requirement [49 CFR 395.3(a)(3)(ii)] and is restricted to contract 
motor carriers and their drivers employed by DOE transporting security-
sensitive radioactive materials. On each trip, the drivers are allowed 
to use 30 minutes or more of ``attendance time'' to meet the 
requirements for a rest break in the manner provided in 49 CFR 
395.1(q), provided they perform no other on-duty activities during the 
rest break.
    The FMCSA does not believe the safety record of any driver 
operating under this exemption will deteriorate. However, should 
deterioration in safety occur, FMCSA will take all steps necessary to 
protect the public interest, including revocation of the exemption. The 
FMCSA has the authority to terminate the exemption at any time the 
Agency has the data/information to

[[Page 48496]]

conclude that safety is being compromised.

    Issued on: July 14, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-17459 Filed 7-22-16; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices 48495 physically examined every year (a) by the terms and conditions of the Legal Basis an ophthalmologist or optometrist who exemption; (2) the exemption has FMCSA has authority under 49 U.S.C. attests that the vision in the better eye resulted in a lower level of safety than 31136(e) and 31315 to grant exemptions continues to meet the requirement in 49 was maintained before it was granted; or from certain parts of the Federal Motor CFR 391.41(b)(10) and (b) by a medical (3) continuation of the exemption would Carrier Safety Regulations. FMCSA must examiner who attests that the individual not be consistent with the goals and publish a notice of each exemption is otherwise physically qualified under objectives of 49 U.S.C. 31136 and 31315. request in the Federal Register [49 CFR 49 CFR 391.41; (2) that each individual If the exemption is still effective at the 381.315(a)]. provide a copy of the ophthalmologist’s end of the 2-year period, the person may Section 5206(b)(2)(A) of the FAST Act or optometrist’s report to the medical apply to FMCSA for a renewal under requires FMCSA to extend all examiner at the time of the annual procedures in effect at that time. exemptions from the HOS regulations medical examination; and (3) that each Issued on: July 19, 2016. (49 CFR part 395) that were in effect on individual provide a copy of the annual Larry W. Minor, the date of enactment of the Act to a medical certification to the employer for Associate Administrator for Policy. period of 5 years from the date the retention in the driver’s qualification exemption was granted. The exemption [FR Doc. 2016–17458 Filed 7–22–16; 8:45 am] file, or keep a copy in his/her driver’s may be renewed. Because this action BILLING CODE 4910–EX–P qualification file if he/she is self- merely implements a statutory mandate employed. The driver must have a copy that took effect on the date of enactment of the certification when driving, for of the FAST Act, notice and comment DEPARTMENT OF TRANSPORTATION presentation to a duly authorized are not required. Federal, State, or local enforcement Federal Motor Carrier Safety official. Administration DOE Exemption V. Discussion of Comments From 2013 to 2015, DOE held a [Docket No. FMCSA–2012–0370] limited exemption from the mandatory FMCSA received no comments in this 30-minute rest break requirement of 49 proceeding. Hours of Service of Drivers: U.S. Department of Energy (DOE); FAST Act CFR 395.3(a)(3)(ii) that allowed DOE IV. Conclusion Extension of Expiration Date contract carriers and their drivers transporting security-sensitive Based upon its evaluation of the 28 AGENCY: Federal Motor Carrier Safety radioactive materials to be treated the exemption applications, FMCSA Administration (FMCSA), DOT. same as drivers transporting explosives exempts the following drivers from the ACTION: Notice; extension of exemption. pursuant to § 395.1(q). As that vision requirement in 49 CFR exemption neared expiration, DOE 391.41(b)(10), subject to the SUMMARY: FMCSA announces the applied for its renewal. requirements cited above (49 CFR extension of the hours-of-service (HOS) FMCSA reviewed DOE’s request and 391.64(b)): exemption granted to the U.S. the public comments and reaffirmed its David W. Anderson (OR) Department of Energy (DOE) on June 30, previous conclusion that allowing these Charles H. Baim (PA) 2015, for certain commercial motor drivers to count on-duty time Troy C. Blackburn (OH) vehicle (CMV) drivers. The Agency ‘‘attending’’ their CMVs toward the Johnnie E. Byler (PA) extends the expiration date of the required 30-minute break, would Raymond E. Catanio (NJ) exemption to June 29, 2020 in response promote safety at least as effectively as Dana L. Colberg (OR) to section 5206(b)(2)(A) of the ‘‘Fixing the break itself. The notice renewing the Peter D. Costas (NY) America’s Surface Transportation Act’’ DOE exemption was published on June Darrin G. Davis (WI) (FAST Act). That section extends the 22, 2015 [80 FR 35703]. Rene Hernandez Gonzalez (FL) expiration date of all HOS exemptions The substance of the 2015 exemption Johnnie W. Hines, Jr. (FL) in effect on the date of enactment to 5 is not affected by this extension. The Dean L. Knutson (SD) years from the date of issuance of the DOE exemption covers only the 30- Melvin L. Lester (MS) exemptions. The DOE exemption from minute break requirement [49 CFR Gerald R. Metzler (PA) the Agency’s 30-minute rest break 395.3(a)(3)(ii)] and is restricted to Kory M. Nelson (MD) requirement is limited to DOE’s contract contract motor carriers and their drivers Douglas L. Peterson (WI) motor carriers and their employee- employed by DOE transporting security- Ramon S. Puente (IA) drivers engaged in the transportation of sensitive radioactive materials. On each Dennis W. Rhoades (VT) security-sensitive radioactive materials. trip, the drivers are allowed to use 30 Jose H. Rivas (NM) The Agency previously determined that minutes or more of ‘‘attendance time’’ to Joseph T. Saba (MN) CMV operations under this exemption meet the requirements for a rest break in LeRoy W. Scharkey (MN) would likely achieve a level of safety the manner provided in 49 CFR Roger H. Schwisow (NE) equivalent to or greater than the level of 395.1(q), provided they perform no Walton W. Smith, Jr. (VA) safety that would be obtained in the other on-duty activities during the rest Dustin W. Tharp (IA) absence of the exemption. break. Aaron D. Tillman (DE) DATES: This limited exemption is The FMCSA does not believe the Larry J. Weber (WI) effective from June 30, 2015, through safety record of any driver operating Richard N. Wescott (ME) June 29, 2020. under this exemption will deteriorate. mstockstill on DSK3G9T082PROD with NOTICES Oscar M. Wilkins (ME) FOR FURTHER INFORMATION CONTACT: Mr. However, should deterioration in safety Rodney W. Wright (PA) Thomas Yager, Chief, FMCSA Driver occur, FMCSA will take all steps In accordance with 49 U.S.C. 31136(e) and Carrier Operations Division; Office necessary to protect the public interest, and 31315, each exemption will be valid of Carrier, Driver and Vehicle Safety including revocation of the exemption. for 2 years unless revoked earlier by Standards; Telephone: 614–942–6477. The FMCSA has the authority to FMCSA. The exemption will be revoked Email: MCPSD@dot.gov. terminate the exemption at any time the if: (1) The person fails to comply with SUPPLEMENTARY INFORMATION: Agency has the data/information to VerDate Sep<11>2014 18:27 Jul 22, 2016 Jkt 238001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM 25JYN1

48496 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices conclude that safety is being that was in effect on the date of Agency has the data/information to compromised. enactment of the Act to a period of 5 conclude that safety is being Issued on: July 14, 2016. years from the date the exemption was compromised. T.F. Scott Darling, III, granted. The exemption may be Issued on: July 14, 2016. renewed. Because this action merely T.F. Scott Darling, III, Acting Administrator. implements a statutory mandate that [FR Doc. 2016–17459 Filed 7–22–16; 8:45 am] Acting Administrator. took effect on the date of enactment of BILLING CODE 4910–EX–P the FAST Act, notice and comment are [FR Doc. 2016–17462 Filed 7–22–16; 8:45 am] not required. BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION WestRock Exemption WestRock, a motor carrier formerly DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety known as RockTenn, applied for a Administration limited exemption from the prohibition Federal Motor Carrier Safety [Docket No. FMCSA–2010–0027] from operating a CMV on a public road Administration after the end of the 14th hour after [Docket No. FMCSA–2012–0032] Hours of Service of Drivers: WestRock coming on duty following 10 or more Exemption; FAST Act Extension of consecutive hours off duty [49 CFR Commercial Driver’s License Compliance Date 395.3(a)(2)] on behalf of their shipping Standards: Application for Exemption; department employees operating CMVs. Daimler Trucks North America AGENCY: Federal Motor Carrier Safety FMCSA reviewed WestRock’s (Daimler) Administration (FMCSA), DOT. application and the public comments ACTION: Notice; extension of exemption. and concluded that limiting the AGENCY: Federal Motor Carrier Safety exemption to CDL holders employed by Administration (FMCSA), DOT. SUMMARY: FMCSA announces the ACTION: Notice of final disposition; grant extension of the exemption granted to WestRock who are exclusively assigned to a specific route, and may operate a of application for exemption. WestRock, formerly known as RockTenn, on April 17, 2014, for short CMV on a public road past the 14-hour SUMMARY: FMCSA announces its trips to their loading docks. The Agency limit, will promote safety at least as decision to grant an exemption to extends the expiration date from April effectively as the ‘‘14-hour rule.’’ These Daimler Trucks North America drivers operate like certain short-haul 17, 2014 to April 16, 2019, in response (Daimler) for one of its commercial drivers, who are already permitted a 16- to the ‘‘Fixing America’s Surface motor vehicle (CMV) drivers. Daimler hour driving ‘‘window’’ once a week Transportation Act’’ (FAST Act). That requested a 5-year exemption from the and other non-CDL short-haul drivers Act extends the expiration date of Federal requirement to hold a U.S. who are allowed two 16-hour duty hours-of-service (HOS) exemptions in commercial driver’s license (CDL) for periods per week. WestRock held a effect on the date of enactment of the Mr. Sebastian Boehm, a project engineer similar 2-year exemption from 2012– FAST Act to 5 years from the date of for the Daimler Trucks and Bus 2014. A Notice of Final Determination issuance of the exemptions. The Division. Mr. Boehm holds a valid granting the WestRock exemption was WestRock exemption from the Agency’s German commercial license and wants published on April 22, 2014 [79 FR 14 hour rule is limited to WestRock to test drive Daimler vehicles on U.S. 22571]. drivers operating commercial motor The substance of the exemption is not roads to better understand product vehicles (CMVs) between WestRock affected by this extension. The requirements in ‘‘real world’’ shipping and receiving departments exemption covers only the ‘‘14 hour environments, and verify results. only, on the public road (Compress rule’’ [49 CFR 395.3(a)(3)(ii)]. The Daimler believes the requirements for a Street). The Agency previously exemption is restricted to drivers German commercial license ensure that determined that the CMV operations of employed by WestRock operating CMVs operation under the exemption will WestRock’s drivers under this on a specified route. On each trip, the likely achieve a level of safety exemption would likely achieve a level CMV must only travel on the public equivalent to or greater than the level of safety equivalent to or greater than road (Compress Street)—approximately that would be obtained in the absence the level of safety that would be 275 feet in one direction—between of the exemption. obtained in the absence of the WestRock’s shipping and receiving DATES: This exemption is effective July exemption. departments. The exemption enables 25, 2016 and expires July 25, 2021. DATES: This limited exemption is WestRock’s shipping department drivers ADDRESSES: effective from April 17, 2014 through and occasional substitute CDL holders Docket: For access to the docket to April 16, 2019. who transport paper mill products read background documents or SUPPLEMENTARY INFORMATION: between WestRock’s shipping and comments, go to www.regulations.gov at receiving locations on Compress Street any time or visit Room W12–140 on the Legal Basis to work up to 16 hours in a day and ground level of the West Building, 1200 FMCSA has authority under 49 U.S.C. return to work with a minimum of at New Jersey Avenue SE., Washington, 31136(e) and 31315 to grant exemptions least 8 hours off duty. DC, between 9 a.m. and 5 p.m., ET, from certain parts of the Federal Motor The FMCSA does not believe the Monday through Friday, except Federal Carrier Safety Regulations. FMCSA must safety record of any driver operating holidays. The on-line FDMS is available mstockstill on DSK3G9T082PROD with NOTICES publish a notice of each exemption under this exemption will deteriorate. 24 hours each day, 365 days each year. request in the Federal Register [49 CFR However, should deterioration in safety Privacy Act: In accordance with 5 381.315(a)]. occur, FMCSA will take all steps U.S.C. 553(c), DOT solicits comments Section 5206(b)(2)(A) of the FAST Act necessary to protect the public interest, from the public to better inform its requires FMCSA to extend any including revocation of the exemption. rulemaking process. DOT posts these exemption from any provision of the The FMCSA has the authority to comments, without edit, including any HOS regulations under 49 CFR part 395 terminate the exemption at any time the personal information the commenter VerDate Sep<11>2014 18:27 Jul 22, 2016 Jkt 238001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\25JYN1.SGM 25JYN1


Document Created: 2016-07-23 02:00:31
Document Modified: 2016-07-23 02:00:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; extension of exemption.
DatesThis limited exemption is effective from June 30, 2015, through June 29, 2020.
ContactMr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: [email protected]
FR Citation81 FR 48495 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR