81 FR 66734 - Hours of Service of Drivers: Transco, Inc.; Application for Exemption
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 188 (September 28, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 188 (September 28, 2016)
| Page Range | 66734-66736 | |
| FR Document | 2016-23364 |
[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)] [Notices] [Pages 66734-66736] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23364] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0244] Hours of Service of Drivers: Transco, Inc.; Application for Exemption AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that it has received an application from Transco, Inc. (Transco) for an exemption from the 30-minute rest break provision of the Agency's hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. Transco requests that its drivers be permitted to comply with the 30-minute rest break requirement while performing on-duty, not-driving tasks. The requested exemption would apply to all Transco drivers in its grocery and foodservice divisions who provide driving and delivery services to their customers. Due to the nature of their operation, Transco believes that compliance with the 30-minute rest break rule negatively impacts the overall safety and general health of its CMV drivers, and therefore requests this exemption for all of its company drivers. FMCSA requests public comment on Transco's application for exemption. DATES: Comments must be received on or before October 28, 2016. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA-2016-0244 by any of the following methods:Federal eRulemaking Portal: www.regulations.gov. See the Public Participation and Request for Comments section below for further information. Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery or Courier: West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays. Fax: 1-202-493-2251. Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. 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 on-line FDMS is available 24 hours each day, 365 days each year Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, contact Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: (614) 942-6477. Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA-2016-0244), indicate [[Page 66735]] the specific section of this document to which the comment applies, and provide a reason for suggestions or recommendations. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to www.regulations.gov and put the docket number, ``FMCSA-2016-0244'' in the ``Keyword'' box, and click ``Search.'' When the new screen appears, click on ``Comment Now!'' button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may grant or not grant this application based on your comments. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain 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 also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). III. Request for Exemption On December 27, 2011 (76 FR 81133), FMCSA published a final rule amending its hours-of-service (HOS) regulations for drivers of property-carrying CMVs. The final rule adopted several changes to the HOS rules, including a new provision requiring drivers to take a rest break during the work day under certain circumstances. Drivers may drive a CMV only if 8 hours or less have passed since the end of the driver's last off-duty or sleeper-berth period of at least 30 minutes. FMCSA did not specify when drivers must take the 30-minute break, but the rule requires that they wait no longer than 8 hours after the last off-duty or sleeper-berth period of that length or longer to take the break if they want to drive. Transco seeks an exemption from the 30-minute rest break provision in 49 CFR 395.3(a)(3)(ii). Transco operates through McLane Company, Inc., its commonly-owned affiliate, which delivers food products and other goods to various grocery stores and restaurants throughout the United States. McLane's Grocery and Foodservice divisions maintain distribution centers throughout the country, each employing between 100 and 300 drivers. McLane's drivers provide just-in-time food delivery services to its customers, which include convenience stores, mass merchants, and various dining establishments. Transco contends that its drivers/operations differ greatly from the average long-haul CMV driver for the following reasons: Multi-stop daily deliveries: Its drivers typically make daily multi-stop deliveries to Transco's customers, returning to their originating distribution center at the end of each load, which takes an average of 19 hours. On average, each Transco driver makes nine stops per day; Significant physical activity: Each delivery requires the driver to get in and out of the CMV on multiple occasions to unload grocery, fresh food, and other products for delivery. Specifically, deliveries to smaller customers, which comprise the majority of each driver's deliveries, include parking the CMV close the customer's store, lowering a ramp from the rear of the CMV to the ground, and off- loading freight using a two-wheeled cart into the store. For larger customers, the driver delivers the freight at the customer's loading dock; and Breaks in the driving routine: Each delivery effectively breaks up the otherwise uninterrupted driving routine. The physical activities that Transco drivers engage in on a daily basis differs significantly from those of long-haul truck drivers who often do not engage in vigorous physical activity. According to Transco, as a result of these operational differences, the 30-minute rest break requirement does not increase safety when applied to its drivers; instead, the applicant claims the requirement may very well decrease road safety for its drivers. For the typical long-haul CMV driver, the 30-minute rest break serves as an opportunity to break the monotony of driving and relieve some of the stress of continuous driving, but for Transco's drivers, by the nature of the work they currently have breaks--which includes physical exercise-- several times each day. Additionally, Transco states that the 30-minute rest break requirement causes its drivers to travel over 8.2 million additional miles each year on more than 18,000 additional loads. This increase in miles traveled results in eight additional reportable accidents per year, and also requires Transco CMVs to use over 1.3 million more gallons of fuel each year. This influx of CMVs on public highways also increases congestion, and wear on critical infrastructure. The 30- minute rest-break requirement also degrades the health of Transco's drivers as leading clinical studies reveal sedentary activities substantially increase the risk of cardiovascular disease among adults. By insisting that the rest-break requirement be performed off-duty, it essentially forces Transco's drivers to stop physical activity and become sedentary. Transco believes that the granting of this exemption would offer two benefits--(1) the exemption would reduce the number of motor vehicle accidents and congestion on public roads by reducing the overall miles travelled to serve its customers; and (2) the exemption would increase the health of their drivers by increasing their physical activity through the course of their deliveries and substantially reducing any sedentary periods. Transco contends that under the exemption, its operations would maintain a level of safety equivalent to, if not greater than, that achieved by complying with the regulation. In its application, Transco lists a number of on-going company safety activities already in place to provide continuous training to drivers about both safety policy violations and driving behaviors that increase risk. These activities include on-board visual monitoring systems, Automatic On-Board Recording Devices, driver training, weekly safety [[Page 66736]] inspections, full compliance assessments, and periodic safety committee meetings, which Transco contends would ensure an equivalent level of safety if the requested exemption is granted. A copy of the Transco's application for exemption is available for review in the docket for this notice. Issued on: September 15, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-23364 Filed 9-27-16; 8:45 am] BILLING CODE 4910-EX-P
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or optometrist’s report to the medical In accordance with 49 U.S.C. 31136(e) 2016–0244 by any of the following
examiner at the time of the annual and 31315 each exemption is valid for methods:
medical examination; and (4) that each two years unless revoked earlier by • Federal eRulemaking Portal:
individual provide a copy of the annual FMCSA. The exemption will be revoked www.regulations.gov. See the Public
medical certification to the employer for if the following occurs: (1) The person Participation and Request for Comments
retention in the driver’s qualification fails to comply with the terms and section below for further information.
file, or keep a copy in his/her driver’s conditions of the exemption; (2) the • Mail: Docket Management Facility,
qualification file if he/she is self- exemption has resulted in a lower level U.S. Department of Transportation, 1200
employed. The driver must also have a of safety than was maintained before it New Jersey Avenue SE., West Building,
copy of the certification when driving, was granted; or (3) continuation of the Ground Floor, Room W12–140,
for presentation to a duly authorized exemption would not be consistent with Washington, DC 20590–0001.
Federal, State, or local enforcement the goals and objectives of 49 U.S.C. • Hand Delivery or Courier: West
official. 31136(e) and 31315. If the exemption is Building, Ground Floor, Room W12–
still effective at the end of the 2-year 140, 1200 New Jersey Avenue SE.,
VI. Conclusion
period, the person may apply to FMCSA between 9 a.m. and 5 p.m. E.T., Monday
Based upon its evaluation of the 47 for a renewal under procedures in effect through Friday, except Federal holidays.
exemption applications, FMCSA at that time. • Fax: 1–202–493–2251.
exempts the following drivers from the Issued on: September 19, 2016. Each submission must include the
diabetes requirement in 49 CFR Agency name and the docket number for
Larry W. Minor,
391.41(b)(10), subject to the this notice. Note that DOT posts all
requirements cited above (49 CFR Associate Administrator for Policy.
comments received without change to
391.64(b)): [FR Doc. 2016–23356 Filed 9–27–16; 8:45 am]
www.regulations.gov, including any
BILLING CODE 4910–EX–P personal information included in a
Richard B. Aungier (MT)
Christopher R. Barwick (NC) comment. Please see the Privacy Act
Richard D. Bentley (IN) heading below.
DEPARTMENT OF TRANSPORTATION
Jeffrey C. Bergen (MA) Docket: For access to the docket to
Stephen G. Bowen (IL) Federal Motor Carrier Safety read background documents or
Christopher J. Burgess (ID) Administration comments, go to www.regulations.gov at
Edward D. Burman (MA) any time or visit Room W12–140 on the
Lynn J. Clark (UT) ground level of the West Building, 1200
[Docket No. FMCSA–2016–0244]
Jamie A. Davidson (MN) New Jersey Avenue SE., Washington,
Kenneth W. Day (TN) Hours of Service of Drivers: Transco, DC, between 9 a.m. and 5 p.m., ET,
Horace Dickinson (GA) Inc.; Application for Exemption Monday through Friday, except Federal
Roy A. Duering (MN) holidays. The on-line FDMS is available
Howard J. Easter III (VA) AGENCY: Federal Motor Carrier Safety 24 hours each day, 365 days each year
James R. Fifield (MI) Administration (FMCSA), DOT. Privacy Act: In accordance with 5
Scott A. Figert (OH) ACTION: Notice of application for U.S.C. 553(c), DOT solicits comments
Christopher E. Francklyn (CO) exemption; request for comments. from the public to better inform its
Larry D. Funk (KS) rulemaking process. DOT posts these
Mitchell P. Gibson (MI) SUMMARY: FMCSA announces that it has comments, without edit, including any
Steven S. Gray (CT) received an application from Transco, personal information the commenter
Donald F. Greel, Jr. (MA) Inc. (Transco) for an exemption from the provides, to www.regulations.gov, as
Rosemary M. Holland (TX) 30-minute rest break provision of the described in the system of records
John A. Jung (OH) Agency’s hours-of-service (HOS) notice (DOT/ALL–14 FDMS), which can
Jerry H. Kahn (MN) regulations for commercial motor be reviewed at www.dot.gov/privacy.
James J. Kramer (PA) vehicle (CMV) drivers. Transco requests FOR FURTHER INFORMATION CONTACT: For
Sean T. Lewis (NJ) that its drivers be permitted to comply
Edwin Lozada (FL) information concerning this notice,
with the 30-minute rest break contact Mr. Thomas Yager, Chief,
Kevin S. Martin (MN) requirement while performing on-duty,
Allysa B. Meirowith (NY) FMCSA Driver and Carrier Operations
not-driving tasks. The requested Division; Office of Carrier, Driver and
Darren D. Mish (WI) exemption would apply to all Transco
Brian L. Murray (WA) Vehicle Safety Standards; Telephone:
drivers in its grocery and foodservice (614) 942–6477. Email: MCPSD@
Thomas V. Noyes (MA) divisions who provide driving and
Benny M. Perez (PA) dot.gov. If you have questions on
delivery services to their customers. Due viewing or submitting material to the
Gregory S. Pethtel (OH) to the nature of their operation, Transco
Thomas J. Price (WY) docket, contact Docket Services,
believes that compliance with the 30- telephone (202) 366–9826.
Theodore D. Reagle (PA) minute rest break rule negatively
Eric A. Richie (AZ) impacts the overall safety and general SUPPLEMENTARY INFORMATION:
Joseph Romano (NY)
health of its CMV drivers, and therefore I. Public Participation and Request for
Keith E. Shumake (CO)
requests this exemption for all of its Comments
William G. Simpson (CO)
company drivers. FMCSA requests
Jospeh A. Sisk (MS)
mstockstill on DSK3G9T082PROD with NOTICES
FMCSA encourages you to participate
public comment on Transco’s
Elmer L. Sprouse (NV) by submitting comments and related
application for exemption.
Stirling H. C. Sowerby (PA) materials.
John J. Steele (AL) DATES: Comments must be received on
Ryan M. Stumbaugh (PA) or before October 28, 2016. Submitting Comments
David J. Walker (IA) ADDRESSES: You may submit comments If you submit a comment, please
Shawn D. Weigel (KS) identified by Federal Docket include the docket number for this
William H. Yocum (MO) Management System Number FMCSA– notice (FMCSA–2016–0244), indicate
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![66736 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
inspections, full compliance the model of the motor vehicle to be vehicles admissible under this decision
assessments, and periodic safety compared, and is capable of being are specified in Annex A.
committee meetings, which Transco readily altered to conform to all Authority: 49 U.S.C. 30141(a)(1)(A),
contends would ensure an equivalent applicable FMVSS. (a)(1)(B) and (b)(1); 49 CFR 593.7; delegations
level of safety if the requested Where there is no substantially of authority at 49 CFR 1.95 and 501.8.
exemption is granted. similar U.S.-certified motor vehicle, 49
U.S.C. 30141(a)(1)(B) permits a Jeffrey M. Giuseppe,
A copy of the Transco’s application
for exemption is available for review in nonconforming motor vehicle to be Director, Office of Vehicle Safety Compliance.
the docket for this notice. admitted into the United States if its Annex A—Nonconforming Motor
Issued on: September 15, 2016.
safety features comply with, or are Vehicles Decided To Be Eligible For
capable of being altered to comply with, Importation
Larry W. Minor,
all applicable FMVSS based on
Associate Administrator for Policy. destructive test data or such other 1. Docket No. NHTSA–2014–0058
[FR Doc. 2016–23364 Filed 9–27–16; 8:45 am] evidence as NHTSA decides to be Nonconforming Vehicles: 2008 Aston Martin
BILLING CODE 4910–EX–P adequate. Vantage V8 passenger vehicles.
Petitions for eligibility decisions may Substantially Similar U.S. Certified Vehicles:
2008 Aston Martin Vantage V8 passenger
be submitted by either manufacturers or
DEPARTMENT OF TRANSPORTATION vehicles.
importers who have registered with Notice of Petition Published at: 81 FR 26867
NHTSA pursuant to 49 CFR part 592. As (May 4, 2016)
National Highway Traffic Safety specified in 49 CFR 593.7, NHTSA Vehicle Eligibility Number: VSP–582
Administration publishes notice in the Federal Register (effective date July 1, 2016)
[Docket No. NHTSA–2016–0086] of each petition that it receives, and 2. Docket No. NHTSA–2015–0082
affords interested persons an
Decision That Certain Nonconforming opportunity to comment on the petition. Nonconforming Vehicles: 2009 Mercedes-
Motor Vehicles Are Eligible for Benz G Class Long Wheelbase (LWB) (463
At the close of the comment period, Chassis) multipurpose passenger vehicles.
Importation NHTSA decides, on the basis of the Substantially Similar U.S. Certified Vehicles:
petition and any comments that it has 2009 Mercedes-Benz G Class Long
AGENCY: National Highway Traffic
received, whether the vehicle is eligible Wheelbase (LWB) (463 Chassis)
Safety Administration (NHTSA),
for importation. The agency then multipurpose passenger vehicles.
Department of Transportation (DOT). Notice of Petition Published at: 81 FR 26869
publishes this decision in the Federal
ACTION: Grant of petitions. Register. (May 4, 2016)
NHTSA received petitions from Vehicle Eligibility Number: VSP–583
SUMMARY: This document announces (effective date July 1, 2016)
decisions by NHTSA that certain motor registered importers to decide whether
vehicles not originally manufactured to the vehicles listed in Annex A to this 3. Docket No. NHTSA–2015–0084
notice are eligible for importation into Nonconforming Vehicles: 2012 Jeep Wrangler
comply with all applicable Federal
the United States. To afford an multipurpose passenger vehicles
Motor Vehicle Safety Standards
opportunity for public comment, manufactured for the Mexican market.
(FMVSS) are eligible for importation Substantially Similar U.S. Certified Vehicles:
NHTSA published notice of these
into the United States because they are 2012 Jeep Wrangler multipurpose
petitions as specified in Annex A. The
substantially similar to vehicles passenger vehicles.
reader is referred to those notices for a
originally manufactured for sale in the Notice of Petition Published at: 81 FR 29616
thorough description of the petitions.
United States and certified by their (May 12, 2016)
Comments: No substantive comments Vehicle Eligibility Number: VSP–584
manufacturers as complying with the
were received in response to the (effective date July 1, 2016)
safety standards, and they are capable of
petitions identified in Appendix A.
being readily altered to conform to the NHTSA Decision: Accordingly, on the 4. Docket No. NHTSA–2016–0060
standards or because they have safety basis of the foregoing, NHTSA hereby Nonconforming Vehicles: 2011 Ducati
features that comply with, or are decides that each motor vehicle listed in Multistrada motorcycles.
capable of being altered to comply with, Annex A to this notice, which was not Substantially Similar U.S. Certified Vehicles:
all applicable FMVSS. originally manufactured to comply with 2011 Ducati Multistrada motorcycles.
DATES: These decisions became effective Notice of Petition Published at: 81 FR 46998
all applicable FMVSS, is either (July 19, 2016)
on the dates specified in Annex A. substantially similar to a motor vehicle Vehicle Eligibility Number: VSP–585
ADDRESSES: For further information manufactured for importation into and/ (effective date August 26, 2016)
contact Mr. George Stevens, Office of or sale in the United States, and
Vehicle Safety Compliance, NHTSA 5. Docket No. NHTSA–2016–0005
certified under 49 U.S.C. 30115, as
(202–366–5308). specified in Annex A, and is capable of Nonconforming Vehicles: 1994–1995
being readily altered to conform to all Lamborghini Diablo SE30 passenger cars.
SUPPLEMENTARY INFORMATION:
Substantially Similar U.S. Certified Vehicles:
applicable FMVSS or has safety features 1994–1995 Lamborghini Diablo SE30
Background that comply with, or are capable of passenger cars.
Under 49 U.S.C. 30141(a)(1)(A), a being altered to comply with, all Notice of Petition Published at: 81 FR 47490
motor vehicle that was not originally applicable Federal Motor Vehicle Safety (July 21, 2016)
manufactured to conform to all Standards. Vehicle Eligibility Number: VSP–586
applicable FMVSS shall be refused Vehicle Eligibility Number for Subject (effective date September 1, 2016)
mstockstill on DSK3G9T082PROD with NOTICES
admission into the United States unless Vehicles: The importer of a vehicle 6. Docket No. NHTSA–2016–0055
NHTSA has decided that the motor admissible under any final decision
Nonconforming Vehicles: 2008–2011 Ferrari
vehicle is substantially similar to a must indicate on the form HS–7 599 passenger cars.
motor vehicle originally manufactured accompanying entry the appropriate Substantially Similar U.S. Certified Vehicles:
for importation into and/or sale in the vehicle eligibility number indicating 2008–2011 Ferrari 599 passenger cars.
United States, certified under 49 U.S.C. that the vehicle is eligible for entry. Notice of Petition Published at: 81 FR 47491
30115, and of the same model year as Vehicle eligibility numbers assigned to (July 21, 2016)
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Document Created: 2016-09-28 01:08:26
Document Modified: 2016-09-28 01:08:26
| 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 application for exemption; request for comments. | |
| Dates | Comments must be received on or before October 28, 2016. | |
| Contact | For information concerning this notice, 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] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 81 FR 66734 |
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