81 FR 79556 - Hours of Service of Drivers: Trailways Companies Exemption; FAST Act Extension of Expiration Date

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 219 (November 14, 2016)

Page Range		79556-79556
FR Document		2016-27269

FMCSA announces the extension of the 2015 exemption granted to Trailways Companies (Trailways) and other regular-route for-hire passenger carriers. The Agency extends the expiration date from June 4, 2015, to June 4, 2020, in response to the ``Fixing America's Surface Transportation Act'' (FAST Act). That Act extends the expiration date of hours-of-service (HOS) exemptions in effect on the date of enactment of the FAST Act to 5 years from the date of issuance of the exemptions. This exemption provides that drivers of passenger-carrying vehicles with regularly scheduled routes are exempted from changing their duty status from ``driving'' to ``on-duty not driving'' when making stops of less than 10 minutes for the limited purpose of picking up or dropping off passengers, baggage, or small express packages. The Agency previously determined that 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 219 (Monday, November 14, 2016)

[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Page 79556]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27269]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0268]


Hours of Service of Drivers: Trailways Companies Exemption; FAST 
Act Extension of Expiration Date

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

ACTION: Notice; extension of exemption.

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SUMMARY: FMCSA announces the extension of the 2015 exemption granted to 
Trailways Companies (Trailways) and other regular-route for-hire 
passenger carriers. The Agency extends the expiration date from June 4, 
2015, to June 4, 2020, in response to the ``Fixing America's Surface 
Transportation Act'' (FAST Act). That Act extends the expiration date 
of hours-of-service (HOS) exemptions in effect on the date of enactment 
of the FAST Act to 5 years from the date of issuance of the exemptions. 
This exemption provides that drivers of passenger-carrying vehicles 
with regularly scheduled routes are exempted from changing their duty 
status from ``driving'' to ``on-duty not driving'' when making stops of 
less than 10 minutes for the limited purpose of picking up or dropping 
off passengers, baggage, or small express packages. The Agency 
previously determined that 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 4, 2015, through 
June 4, 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 ``Fixing America's Surface 
Transportation Act,'' (FAST Act), effective October 1, 2015, requires 
FMCSA to extend any exemption from any provision of the HOS regulations 
under 49 CFR part 395 that was in effect on the date of enactment of 
the Act for 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.

Trailways Exemption

    Trailways, a regular-route passenger carrier, applied for a limited 
exemption on behalf of Adirondack Trailways, Pine Hill Trailways, New 
York Trailways and all other regular-route passenger carriers and their 
drivers, from the change of duty status requirements in 49 CFR 
395.8(c). Trailways had requested that drivers with regularly scheduled 
routes be exempted from changing their duty status from ``driving'' to 
``on-duty not driving'' when making stops of less than 10 minutes for 
the limited purpose of picking up or dropping off passengers, baggage, 
or small express packages.
    FMCSA reviewed the application and the public comments and 
concluded that allowing these drivers to perform their daily duties 
without having to record short-term changes in duty status would 
promote safety at least as effectively as the logbook regulations in 49 
CFR part 395.8(c). Trailways held a similar 2-year exemption from 2013 
to 2015. A Notice of Final Determination granting the Trailways 
exemption was published on June 4, 2015 [80 FR 31961].
    The substance of the exemption is not affected by this extension. 
The exemption covers only the driver's record of duty status 
regulations [49 CFR 395.8(c)]. The exemption is restricted to drivers 
employed by Trailways and other regular-route for-hire passenger 
carriers. Instead of complying with the provisions in 49 CFR 395.8(c), 
these drivers are exempted from changing their duty status from 
``driving'' to ``on-duty not driving'' when making stops of less than 
10 minutes.
    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 conclude that safety is being 
compromised.

    Issued on: November 3, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-27269 Filed 11-10-16; 8:45 am]
 BILLING CODE 4910-EX-P

79556 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices

Kevin A. Wilson (WV) operations under this exemption would published on June 4, 2015 [80 FR
Jeffrey S. Wine (IA) likely achieve a level of safety 31961].
John T. Witcraft (SD) equivalent to or greater than the level of The substance of the exemption is not
William B. Witzel (SC) safety that would be obtained in the affected by this extension. The
P. Wayne Woodward, Jr. (NY) absence of the exemption. exemption covers only the driver’s
Richard Wynn (TX) DATES: This limited exemption is record of duty status regulations [49
In accordance with 49 U.S.C. 31136(e) effective from June 4, 2015, through CFR 395.8(c)]. The exemption is
and 31315 each exemption is valid for June 4, 2020. restricted to drivers employed by
two years unless revoked earlier by Trailways and other regular-route for-
FOR FURTHER INFORMATION CONTACT: Mr. hire passenger carriers. Instead of
FMCSA. The exemption will be revoked
Thomas Yager, Chief, FMCSA Driver complying with the provisions in 49
if the following occurs: (1) The person
and Carrier Operations Division; Office CFR 395.8(c), these drivers are
fails to comply with the terms and
of Carrier, Driver and Vehicle Safety exempted from changing their duty
conditions of the exemption; (2) the
Standards; Telephone: 614–942–6477. status from ‘‘driving’’ to ‘‘on-duty not
exemption has resulted in a lower level
Email: MCPSD@dot.gov. driving’’ when making stops of less than
of safety than was maintained before it
was granted; or (3) continuation of the SUPPLEMENTARY INFORMATION: 10 minutes.
exemption would not be consistent with The FMCSA does not believe the
Legal Basis
the goals and objectives of 49 U.S.C. safety record of any driver operating
31136(e) and 31315. If the exemption is FMCSA has authority under 49 U.S.C. under this exemption will deteriorate.
still effective at the end of the 2-year 31136(e) and 31315 to grant exemptions However, should deterioration in safety
period, the person may apply to FMCSA from certain parts of the Federal Motor occur, FMCSA will take all steps
for a renewal under procedures in effect Carrier Safety Regulations. FMCSA must necessary to protect the public interest,
at that time. publish a notice of each exemption including revocation of the exemption.
request in the Federal Register [49 CFR The FMCSA has the authority to
Issued on: November 2, 2016.
381.315(a)]. terminate the exemption at any time the
Larry W. Minor,
Section 5206(b)(2)(A) of the ‘‘Fixing Agency has the data/information to
Associate Administrator for Policy. conclude that safety is being
America’s Surface Transportation Act,’’
[FR Doc. 2016–27271 Filed 11–10–16; 8:45 am] (FAST Act), effective October 1, 2015, compromised.
BILLING CODE 4910–EX–P requires FMCSA to extend any Issued on: November 3, 2016.
exemption from any provision of the T.F. Scott Darling, III,
HOS regulations under 49 CFR part 395 Administrator.
DEPARTMENT OF TRANSPORTATION that was in effect on the date of
[FR Doc. 2016–27269 Filed 11–10–16; 8:45 am]
Federal Motor Carrier Safety enactment of the Act for a period of 5
BILLING CODE 4910–EX–P
Administration years from the date the exemption was
granted. The exemption may be
[Docket No. FMCSA–2012–0268] renewed. Because this action merely
DEPARTMENT OF TRANSPORTATION
implements a statutory mandate that
Hours of Service of Drivers: Trailways took effect on the date of enactment of
Companies Exemption; FAST Act Federal Motor Carrier Safety
the FAST Act, notice and comment are Administration
Extension of Expiration Date not required.
[Docket No. FMCSA–2014–0420]
AGENCY: Federal Motor Carrier Safety Trailways Exemption
Administration (FMCSA), DOT. Hours of Service of Drivers:
ACTION: Notice; extension of exemption.
Trailways, a regular-route passenger
carrier, applied for a limited exemption Specialized Carriers & Rigging
on behalf of Adirondack Trailways, Pine Association (SC&RA) Exemption;
SUMMARY: FMCSA announces the
Hill Trailways, New York Trailways and FAST Act Extension of Expiration Date
extension of the 2015 exemption
granted to Trailways Companies all other regular-route passenger carriers AGENCY: Federal Motor Carrier Safety
(Trailways) and other regular-route for- and their drivers, from the change of Administration (FMCSA), DOT.
hire passenger carriers. The Agency duty status requirements in 49 CFR ACTION: Notice; extension of exemption.
extends the expiration date from June 4, 395.8(c). Trailways had requested that
2015, to June 4, 2020, in response to the drivers with regularly scheduled routes SUMMARY: FMCSA announces the
‘‘Fixing America’s Surface be exempted from changing their duty extension of the 2015 exemption
Transportation Act’’ (FAST Act). That status from ‘‘driving’’ to ‘‘on-duty not granted to the Specialized Carriers and
Act extends the expiration date of driving’’ when making stops of less than Rigging Association (SC&RA) for the
hours-of-service (HOS) exemptions in 10 minutes for the limited purpose of transportation of loads that exceed
effect on the date of enactment of the picking up or dropping off passengers, normal weight and dimensional limits.
FAST Act to 5 years from the date of baggage, or small express packages. The exemption applies to all oversize-
issuance of the exemptions. This FMCSA reviewed the application and overweight permitted loads whose
exemption provides that drivers of the public comments and concluded drivers are not required to comply with
passenger-carrying vehicles with that allowing these drivers to perform the 30-minute rest break rule. The
regularly scheduled routes are exempted their daily duties without having to Agency extends the expiration date to
mstockstill on DSK3G9T082PROD with NOTICES

from changing their duty status from record short-term changes in duty status June 17, 2020, in response to section
‘‘driving’’ to ‘‘on-duty not driving’’ would promote safety at least as 5206(b)(2)(A) of the ‘‘Fixing America’s
when making stops of less than 10 effectively as the logbook regulations in Surface Transportation Act’’ (FAST
minutes for the limited purpose of 49 CFR part 395.8(c). Trailways held a Act). That section extends the
picking up or dropping off passengers, similar 2-year exemption from 2013 to expiration date of hours-of-service
baggage, or small express packages. The 2015. A Notice of Final Determination (HOS) exemptions in effect on the date
Agency previously determined that granting the Trailways exemption was of enactment of the FAST Act to 5 years

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Document Created: 2018-10-24 10:47:53
Document Modified: 2018-10-24 10:47:53

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; extension of exemption.
Dates		This limited exemption is effective from June 4, 2015, through June 4, 2020.
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]
FR Citation		81 FR 79556

81 FR 79556 - Hours of Service of Drivers: Trailways Companies Exemption; FAST Act Extension of Expiration Date

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 219 (November 14, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration