Hours of Service of Drivers: U.S. Department of Energy (DOE); Application for Exemption, 2711-2713 [2013-00510]

Download as PDF Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Notices transportation of persons, property and mail between a point or points in the United States, a point or points in the United Arab Emirates, and beyond to a point or points in Afghanistan and a point or points in Iraq. Docket Number: DOT–OST–2012– 0205. Date Filed: December 11, 2012. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: January 2, 2013. Description: Application of National Air Cargo Group, Inc. d/b/a National Airlines requesting an amended certificate of public convenience and necessity authorizing it to conduct interstate scheduled air transportation of persons, property and mail with large aircraft. National Airlines also requests an exemption to conduct such service while this application is pending. Barbara J. Hairston, Acting Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. 2013–00573 Filed 1–11–13; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Office of the Secretary mstockstill on DSK4VPTVN1PROD with Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (formerly Subpart Q) during the Week Ending November 17, 2012. The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation’s Procedural Regulations (See 14 CFR 301.201 et seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. Docket Number: DOT–OST–2009– 0012. Date Filed: November 16, 2012. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: December 7, 2012. Description: Application of KaiserAir, Inc. requesting an amendment of its certificate authority issued to it by the department to remove a condition VerDate Mar<15>2010 16:53 Jan 11, 2013 Jkt 229001 restricting its ability to offer public charter service to the general public. Barbara J. Hairston, Acting Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. 2013–00576 Filed 1–11–13; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Air Traffic Procedures Advisory Committee Federal Aviation Administration (FAA), DOT. SUMMARY: The FAA is issuing this notice to advise the public that a meeting of the Federal Aviation Administration Air Traffic Procedures Advisory Committee (ATPAC) will be held to review present air traffic control procedures and practices for standardization, revision, clarification, and upgrading of terminology and procedures. DATES: The meeting will be held Tuesday, January 29, Wednesday, January 30, and Thursday, January 31, 2013 from 8:30 a.m. to 5:00 p.m. ADDRESSES: The meeting will be held at the Navy ATC Schoolhouse at Naval Air Station Pensacola, Pensacola, Florida. FOR FURTHER INFORMATION CONTACT: Mr. Gary A. Norek, ATPAC Executive Director, 800 Independence Avenue SW., Washington, DC 20591. SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463; 5 U.S.C. App.2), notice is hereby given of a meeting of the ATPAC to be held Tuesday, January 29, Wednesday, January 30, and Thursday, January 31, 2013 from 8:30 a.m. to 5:00 p.m. The agenda for this meeting will cover a continuation of the ATPAC’s review of present air traffic control procedures and practices for standardization, revision, clarification, and upgrading of terminology and procedures. It will also include: 1. Approval of Minutes; 2. Submission and Discussion of Areas of Concern; 3. Discussion of Potential Safety Items; 4. Report from Executive Director; 5. Items of Interest; and 6. Discussion and agreement of location and dates for subsequent meetings. Attendance is open to the interested public but limited to space available. With the approval of the Chairperson, members of the public may present oral statements at the meeting. Persons AGENCY: PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 2711 desiring to attend and persons desiring to present oral statement should notify Mr. Gary A. Norek no later than January 24, 2013. Any member of the public may present a written statement to the ATPAC at any time at the address given above. Issued in Washington, DC, on January 8, 2013. Gary A. Norek, Executive Director, Air Traffic Procedures Advisory Committee. [FR Doc. 2013–00650 Filed 1–10–13; 4:15 pm] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0370] Hours of Service of Drivers: U.S. Department of Energy (DOE); Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA has received an application from the U.S. Department of Energy (DOE) for an exemption from the 30-minute rest break provision of the Agency’s hours-of-service (HOS) regulations for commercial motor vehicle drivers. The exemption would enable DOE’s contract motor carriers and their employee-drivers engaged in the transportation of security-sensitive radioactive materials to be treated similarly to drivers of shipments of explosives. The exempted drivers would be allowed to use 30 minutes or more of attendance time to meet the HOS rest break requirements providing they do not perform any other work during the break. FMCSA requests public comment on DOE’s application for exemption. DATES: Comments must be received on or before February 13, 2013. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– 2012–0370 by any of the following methods: • Federal eRulemaking Portal: // www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • 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– SUMMARY: E:\FR\FM\14JAN1.SGM 14JAN1 2712 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Notices 140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number. For detailed instructions on submitting comments and additional information on the exemption process, see the Public Participation heading below. Note that all comments received will be posted without change to www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov, and follow the online instructions for accessing the dockets, or go to the street address listed above. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the U.S. Department of Transportation’s online privacy policy at www.dot.gov/privacy or the complete Privacy Act Statement in the Federal Register published on December 29, 2010 (75 FR 82133). Public Participation: The Federal eRulemaking Portal is available 24 hours each day, 365 days each year. You can get electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the Federal eRulemaking Portal Web site. If you want us to notify you that we received your comments, please include a selfaddressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments online. Comments received after the comment closing date will be included in the docket, and we will consider late comments to the extent practicable. Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Bus and Truck Standards and Operations; Telephone: 202–366–4325. Email: MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: mstockstill on DSK4VPTVN1PROD with 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 VerDate Mar<15>2010 16:53 Jan 11, 2013 Jkt 229001 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)). Request for Exemption Certain motor carriers under contract to the U.S. Department of Energy (DOE) transport ‘‘security-sensitive radioactive materials.’’ DOE notes that the term includes transuranic waste; spent nuclear fuel; radioactive sources classified as category 1 and 2 materials by the International Atomic Energy Agency, including ‘‘Highway route controlled quantities,’’ as defined in 49 CFR 173.403; or known radionuclides in forms listed as RAM–QC by the Nuclear Regulatory Commission. DOE requests a limited exemption from the HOS regulation pertaining to rest breaks [49 CFR 395.3(a)(3)(ii)], to allow contract driver-employees transporting security-sensitive radioactive materials to be treated the same as drivers transporting explosives, as provided in § 395.1(q). Section 395.1(q) states that operators of commercial motor vehicles (CMV) carrying Division 1.1, 1.2, or 1.3 explosives subject to the requirement for a 30-minute rest break in § 395.3(a)(3)(ii) may use 30 minutes or more of ‘‘attendance time’’ to meet the requirement for a rest break. Section 395.3(a)(3) becomes effective on July 1, 2013. DOE contends that shipments of security-sensitive radioactive materials require a team of two drivers and the use of a sleeper berth to minimize risk and expedite delivery in a safe and secure manner. DOE asserts that granting the exemption would allow team drivers to manage their en-route rest periods efficiently and also perform mandated shipment security surveillance, resulting in a safe and PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 secure driving performance during a long distance trip. DOE states that it has instituted several technical and administrative controls to ensure the effective use of driver on-duty and rest-break time, which would remain in effect under the requested exemption. They include the following: • Real-time tracking and monitoring of transuranic waste and securitysensitive shipments using DOE’s satellite-based systems. • Use of electronic on-board recorders on trucks, which is contractually required by for motor carriers involved in the Waste Isolation Pilot Plant to ensure compliance with driver HOS rules. • Continuous monitoring of the safety performance of DOE-qualified motor carriers using the FMCSA Compliance Safety Accountability Program’s Safety Measurement System, and DOE’s Motor Carrier Evaluation Program. Further details regarding DOE’s safety controls can be found in its application for exemption. The application can be accessed in the docket identified at the beginning of this notice. DOE contends that these controls enable them to achieve a high level of safety and security for transportation of securitysensitive radioactive materials. DOE anticipates no safety impacts from this exemption and notes that in the preamble to the FMCSA final rule on the ‘‘Hours of Service of Drivers,’’ dated December 27, 2011 (76 FR 81134), the Agency addressed concerns from commenters regarding rest breaks for carriers of hazardous materials. Section 395.1(q) allows drivers who are required by § 397.5 to attend a motor vehicle transporting certain types of explosives but perform no other work, to log at least a half-hour of their attendance time toward the break. The Agency cited a recent study showing that on-duty breaks reduce the risk of crashes after the break [76 FR 81154]. DOE believes that its contract employee drivers should be allowed to follow the requirements in § 395.1(q) when transporting shipments of security-sensitive radioactive materials. DOE believes that shipments made under the requested exemption would achieve a level of safety and security that is at least equivalent to that which would be obtained by following the normal break requirement in § 395.3(a)(3)(ii). DOE estimates that 30 power units and 53 drivers would currently be eligible for the exemption, if granted. The proposed exemption would be effective from July 1, 2013 through June 30, 2015, the maximum period allowed E:\FR\FM\14JAN1.SGM 14JAN1 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Notices by § 381.300. A copy of DOE’s exemption application is available for review in the docket for this notice. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA requests public comment on DOE’s application for an exemption from certain provisions of the driver’s record of duty status rules in 49 CFR part 395. The Agency will consider all comments received by close of business on February 13, 2013. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will consider to the extent practicable comments received in the public docket after the closing date of the comment period. Issued on: January 8, 2013. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013–00510 Filed 1–11–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Update to NEPA Implementing Procedures Federal Railroad Administration (FRA), United States Department of Transportation (DOT). ACTION: Notice of Updated Procedures for Considering Environmental Impacts by adding categorical exclusions. AGENCY: FRA announces that it has revised its Procedures for Considering Environmental Impacts to add seven new additions to the list of categorical exclusions (CE). Categorical exclusions are actions that FRA has determined do not individually or cumulatively have significant effects on the human environment and thus, do not require the preparation of an Environmental Assessment (EA) or Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA). To consolidate the location of all of FRA’s CEs, this notice reproduces all 20 original CEs and adds the seven new CEs starting with number 21. DATES: The new CEs are effective on January 14, 2013. FOR FURTHER INFORMATION CONTACT: Christopher Van Nostrand, Attorney Advisor, Office of the Chief Counsel, Federal Railroad Administration, 1200 New Jersey Ave SE., W31–208, Washington, DC 20590, telephone: (202) 493–6058. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with SUMMARY: VerDate Mar<15>2010 16:53 Jan 11, 2013 Jkt 229001 I. Background FRA’s Procedures for Considering Environmental Impacts (FRA Environmental Procedures), 64 FR 28545 (May 26, 1999), which are available on the agency’s Web site at https://www.fra.dot.gov/eLib/details/ L02561, establish the process for the assessment of environmental impacts of actions and legislation proposed by FRA and for the preparation and processing of documents based upon such assessments. The FRA Environmental Procedures supplement the Council on Environmental Quality (CEQ) NEPA implementing regulations (40 CFR Parts 1500–1508). Currently, section 4(c) of FRA’s Environmental Procedures identifies twenty classes of action that FRA has determined to be categorically excluded from the EIS or EA preparation requirements of NEPA and the Procedures because they do not individually or cumulatively have a significant effect on the human environment. This update adds seven new CEs to section 4(c). Sections 4(c) and (e) of FRA’s Environmental Procedures contain a process for identifying ‘‘extraordinary circumstances’’ where FRA determines a particular action normally included within one of these categories has the potential for significant environmental impacts and an EA or EIS is prepared. FRA has determined that additions to the existing list of CEs are necessary to facilitate FRA’s administration of laws relating to railroad safety, development, rehabilitation, and railroad financial assistance programs, particularly the High-Speed Intercity Passenger Rail (HSIPR) grant program and the Railroad Rehabilitation and Improvement Financing (RRIF) loan/loan guarantee program. After careful consideration, FRA has determined that the actions included in the proposed seven new CEs are not of the type or character as to individually or cumulatively cause significant effects on the human or natural environment. Recent statutory initiatives have greatly expanded FRA’s ability to provide financial assistance to intercity passenger railroad projects and contributed to the need for these proposed CEs. The Passenger Rail Investment and Improvement Act (PRIIA) of 2008 (Division B of Pub. L. 110–432, 122 Stat. 4907, (2008)) created three new passenger rail capital assistance programs, the intercity passenger rail corridor capital assistance program, high-speed rail corridor development, and a congestion relief program. Additionally, in an effort to stimulate the economy, create jobs and PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 2713 jumpstart a new era of high-speed rail in this county, Congress provided $8 billion in grant funding for projects that support the High-Speed Intercity Passenger Rail (HSIPR) Program in the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111– 5, 123 Stat. 115(2009)). Congress also appropriated additional funds for HSIPR projects in the Transportation, Housing and Urban Development and Related Agencies Appropriations Act for 2010 (Div. A of Pub. L. 111–117, 123 Stat. 3034 (2009)). PRIIA, the Recovery Act, and other appropriations greatly expanded FRA’s capacity to fund rail projects in order to achieve world class high-speed and intercity passenger rail in the United States. The purpose of the HSIPR Program is to address the nation’s transportation challenges by investing in efficient high-speed and intercity passenger rail networks connecting communities across America.1 Many of these investments involve large scale projects for which FRA and project sponsors (typically State Departments of Transportation) will be preparing EISs and EAs. However, other investments and components of multi-year programs are smaller projects that FRA has concluded do not require either an EIS or an EA and justify the creation of a CE since they would not have a significant effect on the environment. Preparing EISs or EAs for projects that do not have the potential for a significant effect on the environment is not an efficient use of resources of either FRA or State partners in the various Departments of Transportation. Accordingly, the added CEs will facilitate the responsible and efficient implementation of the HSIPR, RRIF, and other FRA programs. Some of the proposed CEs were chosen from the list of categorical exclusions currently employed by both the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) (see 23 CFR Part 771). FRA identified these specific actions for categorical exclusion because they have direct applicability for many FRA programs and a limited potential for environmental impacts. All of the actions identified in this notice have been subject to extensive environmental review by FRA, FHWA and FTA, are comparable to activities categorically excluded by other Federal agencies, and were identified through FRA’s 1 See Federal Railroad Administration, Vision for High-Speed Rail in America (April 2009) (describing the general approach to revitalizing high-speed and intercity passenger rail in the United States) available at https://www.fra.dot.gov/ downloads/Research/FinalFRA_HSR_Strat_ Plan.pdf. E:\FR\FM\14JAN1.SGM 14JAN1

Agencies

[Federal Register Volume 78, Number 9 (Monday, January 14, 2013)]
[Notices]
[Pages 2711-2713]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00510]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0370]


Hours of Service of Drivers: U.S. Department of Energy (DOE); 
Application for Exemption

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

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA has received an application from the U.S. Department of 
Energy (DOE) for an exemption from the 30-minute rest break provision 
of the Agency's hours-of-service (HOS) regulations for commercial motor 
vehicle drivers. The exemption would enable DOE's contract motor 
carriers and their employee-drivers engaged in the transportation of 
security-sensitive radioactive materials to be treated similarly to 
drivers of shipments of explosives. The exempted drivers would be 
allowed to use 30 minutes or more of attendance time to meet the HOS 
rest break requirements providing they do not perform any other work 
during the break. FMCSA requests public comment on DOE's application 
for exemption.

DATES: Comments must be received on or before February 13, 2013.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2012-0370 by any of the following 
methods:
     Federal eRulemaking Portal: //www.regulations.gov. Follow 
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     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-

[[Page 2712]]

140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. E.T., Monday 
through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov, and follow the online 
instructions for accessing the dockets, or go to the street address 
listed above.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
U.S. Department of Transportation's online privacy policy at 
www.dot.gov/privacy or the complete Privacy Act Statement in the 
Federal Register published on December 29, 2010 (75 FR 82133).
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal Web site. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket, and we will 
consider late comments to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Bus and Truck Standards and 
Operations; Telephone: 202-366-4325. Email: MCPSD@dot.gov.

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)).

Request for Exemption

    Certain motor carriers under contract to the U.S. Department of 
Energy (DOE) transport ``security-sensitive radioactive materials.'' 
DOE notes that the term includes transuranic waste; spent nuclear fuel; 
radioactive sources classified as category 1 and 2 materials by the 
International Atomic Energy Agency, including ``Highway route 
controlled quantities,'' as defined in 49 CFR 173.403; or known 
radionuclides in forms listed as RAM-QC by the Nuclear Regulatory 
Commission.
    DOE requests a limited exemption from the HOS regulation pertaining 
to rest breaks [49 CFR 395.3(a)(3)(ii)], to allow contract driver-
employees transporting security-sensitive radioactive materials to be 
treated the same as drivers transporting explosives, as provided in 
Sec.  395.1(q). Section 395.1(q) states that operators of commercial 
motor vehicles (CMV) carrying Division 1.1, 1.2, or 1.3 explosives 
subject to the requirement for a 30-minute rest break in Sec.  
395.3(a)(3)(ii) may use 30 minutes or more of ``attendance time'' to 
meet the requirement for a rest break. Section 395.3(a)(3) becomes 
effective on July 1, 2013.
    DOE contends that shipments of security-sensitive radioactive 
materials require a team of two drivers and the use of a sleeper berth 
to minimize risk and expedite delivery in a safe and secure manner. DOE 
asserts that granting the exemption would allow team drivers to manage 
their en-route rest periods efficiently and also perform mandated 
shipment security surveillance, resulting in a safe and secure driving 
performance during a long distance trip.
    DOE states that it has instituted several technical and 
administrative controls to ensure the effective use of driver on-duty 
and rest-break time, which would remain in effect under the requested 
exemption. They include the following:
     Real-time tracking and monitoring of transuranic waste and 
security-sensitive shipments using DOE's satellite-based systems.
     Use of electronic on-board recorders on trucks, which is 
contractually required by for motor carriers involved in the Waste 
Isolation Pilot Plant to ensure compliance with driver HOS rules.
     Continuous monitoring of the safety performance of DOE-
qualified motor carriers using the FMCSA Compliance Safety 
Accountability Program's Safety Measurement System, and DOE's Motor 
Carrier Evaluation Program.
    Further details regarding DOE's safety controls can be found in its 
application for exemption. The application can be accessed in the 
docket identified at the beginning of this notice. DOE contends that 
these controls enable them to achieve a high level of safety and 
security for transportation of security-sensitive radioactive 
materials.
    DOE anticipates no safety impacts from this exemption and notes 
that in the preamble to the FMCSA final rule on the ``Hours of Service 
of Drivers,'' dated December 27, 2011 (76 FR 81134), the Agency 
addressed concerns from commenters regarding rest breaks for carriers 
of hazardous materials. Section 395.1(q) allows drivers who are 
required by Sec.  397.5 to attend a motor vehicle transporting certain 
types of explosives but perform no other work, to log at least a half-
hour of their attendance time toward the break. The Agency cited a 
recent study showing that on-duty breaks reduce the risk of crashes 
after the break [76 FR 81154].
    DOE believes that its contract employee drivers should be allowed 
to follow the requirements in Sec.  395.1(q) when transporting 
shipments of security-sensitive radioactive materials. DOE believes 
that shipments made under the requested exemption would achieve a level 
of safety and security that is at least equivalent to that which would 
be obtained by following the normal break requirement in Sec.  
395.3(a)(3)(ii).
    DOE estimates that 30 power units and 53 drivers would currently be 
eligible for the exemption, if granted. The proposed exemption would be 
effective from July 1, 2013 through June 30, 2015, the maximum period 
allowed

[[Page 2713]]

by Sec.  381.300. A copy of DOE's exemption application is available 
for review in the docket for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA 
requests public comment on DOE's application for an exemption from 
certain provisions of the driver's record of duty status rules in 49 
CFR part 395. The Agency will consider all comments received by close 
of business on February 13, 2013. Comments will be available for 
examination in the docket at the location listed under the ADDRESSES 
section of this notice. The Agency will consider to the extent 
practicable comments received in the public docket after the closing 
date of the comment period.

    Issued on: January 8, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-00510 Filed 1-11-13; 8:45 am]
BILLING CODE 4910-EX-P