Hours of Service of Drivers: U.S. Department of Energy (DOE); Application for Exemption, 32700-32701 [2013-12907]

Download as PDF 32700 Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Notices 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 final disposition; grant of application for exemption. AGENCY: SUMMARY: FMCSA announces its decision to grant the U.S. Department of Energy (DOE) an exemption from the minimum 30-minute rest break provision of the Agency’s hours-ofservice (HOS) regulations for commercial motor vehicle drivers. The exemption would enable DOE’s contract motor carriers and their employeedrivers 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. DATES: This exemption is effective from July 1, 2013 through June 30, 2015. 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: tkelley on DSK3SPTVN1PROD with NOTICES 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, VerDate Mar<15>2010 17:40 May 30, 2013 Jkt 229001 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 hours-of-service (HOS) regulation pertaining to rest breaks [49 CFR 395.3(a)(3)(ii)], to allow contract driver-employees transporting securitysensitive 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 (CMVs) carrying Division 1.1, 1.2, or 1.3 explosives subject to the requirement for a minimum 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. Compliance with § 395.3(a)(3) is required by 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 securitysensitive shipments using DOE’s satellite-based systems. • Use of electronic on-board recorders on trucks, which is contractually required for motor carriers involved in PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 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, which can be accessed in the docket identified at the beginning of this notice. DOE contends that these controls enable it 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 § 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 by § 381.300. A copy of DOE’s exemption application is available for review in the docket for this notice. Public Comments On January 13, 2013, FMCSA published notice of this application, and asked for public comment (78 FR 2711). Three comments were submitted. One individual opposed the exemption without stating a reason. Another individual also opposed the exemption, stating that if truck drivers who are not working for a Federal agency must observe the rule, then those who are working for a Federal agency should also be required to observe it. The E:\FR\FM\31MYN1.SGM 31MYN1 Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Notices Commercial Vehicle Safety Alliance (CVSA) also commented. Its members include representatives of Federal, State and local governments, as well as representatives of private industry. CVSA commented briefly that it did not oppose or support the exemption. Comments are available for review in the docket for this notice. FMCSA Response The DOE did not base its request for an exemption on its status as a Federal agency. Rather, it provided the same justification for the request that would be required of any non-governmental agency. FMCSA Decision The FMCSA has evaluated DOE’s application for exemption and the public comments. The Agency believes that DOE will likely achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption [49 CFR 381.305(a)]. Terms of the Exemption Period of the Exemption This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is granted for the period from 12:01 a.m., July 1, 2013, through 11:59 p.m. on June 30, 2015. b. City or town, and State, in which the accident occurred, or closest to the accident scene, c. Driver’s name and driver’s license number and State of issuance d. Vehicle number and State license plate number, e. Number of individuals suffering physical injury, f. Number of fatalities, g. The police-reported cause of the accident, h. Whether the driver was cited for violation of any traffic laws or motor carrier safety regulations, and i. The driver’s total driving time and total on-duty time period prior to the accident. Reports filed under this provision shall be emailed to MCPSD@DOT.GOV. their drivers rather than limiting it to Trailways’ drivers. The exemption will allow these drivers to perform their daily duties without having to record entries in the daily log for breaks in driving time of 10 minutes or less. Such activity will not be considered a change of duty status for the purposes of 49 CFR 395.8(c). DATES: This exemption is effective from May 31, 2013 to May 31, 2015. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Bus and Truck Standards and Operations; Telephone: 202–366–4325. Email: MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: Termination FMCSA does not believe the drivers covered by this exemption will experience any deterioration of their safety record. However, should this occur, FMCSA will take all steps necessary to protect the public interest, including revocation or restriction of the exemption. The FMCSA will immediately revoke or restrict the exemption for failure to comply with its terms and conditions. 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)). Issued on: May 22, 2013. Anne S. Ferro, Administrator. Extent of the Exemption [FR Doc. 2013–12907 Filed 5–30–13; 8:45 am] The exemption is restricted to DOE’s contract driver-employees transporting security-sensitive radioactive materials. This exemption is limited to the provisions of 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). These drivers must comply with all other applicable provisions of the FMCSRs. BILLING CODE 4910–EX–P Preemption In accordance with 49 U.S.C. 31315(d), during the period this exemption is in effect, no State shall enforce any law or regulation that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. tkelley on DSK3SPTVN1PROD with NOTICES Notification to FMCSA The DOE must notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5), involving any of the motor carrier’s CMVs operating under the terms of this exemption. The notification must include the following information: a. Date of the accident, VerDate Mar<15>2010 17:40 May 30, 2013 Jkt 229001 32701 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0268] Hours of Service of Drivers: Trailways Companies Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemption. AGENCY: SUMMARY: FMCSA announces its decision to grant Adirondack Trailways, Pine Hill Trailways, New York Trailways (‘‘Trailways’’) and all other regular-route passenger carriers and their drivers an exemption from the hours-of-service (HOS) record of duty status (RODS) requirement to enter a change in duty status on the daily log for breaks in driving time of 10 minutes or less, for the limited purpose of picking up or dropping off passengers, baggage, or small express packages. FMCSA extended the request to all regular-route passenger carriers and PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 Background Request for Exemption Trailways (Adirondack Trailways, Pine Hill Trailways, and New York Trailways) offers scheduled passengercarrier service throughout New York State and to Montreal and Toronto. Trailways stated that its exemption application was for fixed-route carriers and their drivers who are often away from the controls of the vehicle for brief periods of time of less than 10 minutes to assist passengers or make one of several passenger pick-ups and dropoffs along the route. E:\FR\FM\31MYN1.SGM 31MYN1

Agencies

[Federal Register Volume 78, Number 105 (Friday, May 31, 2013)]
[Notices]
[Pages 32700-32701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12907]



[[Page 32700]]

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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 final disposition; grant of application for 
exemption.

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

SUMMARY: FMCSA announces its decision to grant the U.S. Department of 
Energy (DOE) an exemption from the minimum 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.

DATES: This exemption is effective from July 1, 2013 through June 30, 
2015.

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 hours-of-service (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 (CMVs) carrying Division 1.1, 1.2, or 1.3 
explosives subject to the requirement for a minimum 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. 
Compliance with Sec.  395.3(a)(3) is required by 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 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, which can be accessed in the docket 
identified at the beginning of this notice. DOE contends that these 
controls enable it 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 by Sec.  381.300. A copy of DOE's exemption application is 
available for review in the docket for this notice.

Public Comments

    On January 13, 2013, FMCSA published notice of this application, 
and asked for public comment (78 FR 2711). Three comments were 
submitted. One individual opposed the exemption without stating a 
reason. Another individual also opposed the exemption, stating that if 
truck drivers who are not working for a Federal agency must observe the 
rule, then those who are working for a Federal agency should also be 
required to observe it. The

[[Page 32701]]

Commercial Vehicle Safety Alliance (CVSA) also commented. Its members 
include representatives of Federal, State and local governments, as 
well as representatives of private industry. CVSA commented briefly 
that it did not oppose or support the exemption. Comments are available 
for review in the docket for this notice.

FMCSA Response

    The DOE did not base its request for an exemption on its status as 
a Federal agency. Rather, it provided the same justification for the 
request that would be required of any non-governmental agency.

FMCSA Decision

    The FMCSA has evaluated DOE's application for exemption and the 
public comments. The Agency believes that DOE will likely achieve a 
level of safety that is equivalent to, or greater than, the level of 
safety achieved without the exemption [49 CFR 381.305(a)].

Terms of the Exemption

Period of the Exemption

    This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is 
granted for the period from 12:01 a.m., July 1, 2013, through 11:59 
p.m. on June 30, 2015.

Extent of the Exemption

    The exemption is restricted to DOE's contract driver-employees 
transporting security-sensitive radioactive materials. This exemption 
is limited to the provisions of 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). These drivers must comply with all other 
applicable provisions of the FMCSRs.

Preemption

    In accordance with 49 U.S.C. 31315(d), during the period this 
exemption is in effect, no State shall enforce any law or regulation 
that conflicts with or is inconsistent with this exemption with respect 
to a firm or person operating under the exemption.

Notification to FMCSA

    The DOE must notify FMCSA within 5 business days of any accident 
(as defined in 49 CFR 390.5), involving any of the motor carrier's CMVs 
operating under the terms of this exemption. The notification must 
include the following information:
    a. Date of the accident,
    b. City or town, and State, in which the accident occurred, or 
closest to the accident scene,
    c. Driver's name and driver's license number and State of issuance
    d. Vehicle number and State license plate number,
    e. Number of individuals suffering physical injury,
    f. Number of fatalities,
    g. The police-reported cause of the accident,
    h. Whether the driver was cited for violation of any traffic laws 
or motor carrier safety regulations, and
    i. The driver's total driving time and total on-duty time period 
prior to the accident.
    Reports filed under this provision shall be emailed to 
MCPSD@DOT.GOV.

Termination

    FMCSA does not believe the drivers covered by this exemption will 
experience any deterioration of their safety record. However, should 
this occur, FMCSA will take all steps necessary to protect the public 
interest, including revocation or restriction of the exemption. The 
FMCSA will immediately revoke or restrict the exemption for failure to 
comply with its terms and conditions.

    Issued on: May 22, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-12907 Filed 5-30-13; 8:45 am]
BILLING CODE 4910-EX-P