Hours of Service for Commercial Motor Vehicle Drivers; Regulatory Guidance Concerning Off-Duty Time, 41852-41853 [2013-16687]
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Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Rules and Regulations
EPA-APPROVED GEORGIA REGULATIONS
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Emission Standards
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391–3–1–.02(4) ...........................
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[FR Doc. 2013–16655 Filed 7–11–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 395
Hours of Service for Commercial Motor
Vehicle Drivers; Regulatory Guidance
Concerning Off-Duty Time
Federal Motor Carrier Safety
Administration, DOT.
ACTION: Regulatory guidance.
AGENCY:
FMCSA revises its April 4,
1997, regulatory guidance concerning
the conditions that must be met in order
for a commercial motor vehicle (CMV)
driver to record meal and other routine
stops made during a work shift as offduty time. The Agency has reviewed the
guidance and determined that it
includes language that is overly
restrictive and inconsistent with the
hours-of-service regulations. The 1997
guidance has the effect of discouraging
drivers from taking breaks during the
work day, or documenting such breaks
in their logbooks.
DATES: This guidance is effective July
12, 2013.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas L. Yager, Chief, Driver and
Carrier Operations Division, Office of
Bus and Truck Standards and
Operations; 1200 New Jersey Ave. SE.,
Washington, DC 20590, Telephone 202–
366–4325, Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
Legal Basis
The Secretary of Transportation has
statutory authority to set minimum
VerDate Mar<15>2010
14:32 Jul 11, 2013
*
Jkt 229001
9/13/2011
*
5/16/2013 ..........................
*
standards for commercial motor vehicle
safety. These minimum standards must
ensure that: (1) CMVs are maintained,
equipped, loaded, and operated safely;
(2) the responsibilities imposed on
operators of CMVs do not impair their
ability to operate the vehicles safely; (3)
the physical condition of operators of
CMVs is adequate to enable them to
operate the vehicles safely; (4) the
operation of CMVs does not have a
deleterious effect on the physical
condition of the operators; and (5) an
operator of a commercial motor vehicle
is not coerced by a motor carrier,
shipper, receiver, or transportation
intermediary to operate a commercial
motor vehicle in violation of a
regulation. (49 U.S.C. 31136(a)(1)–(5), as
amended). The Secretary also has broad
power in carrying out motor carrier
safety statutes and regulations to
‘‘prescribe recordkeeping and reporting
requirements’’ and to ‘‘perform other
acts the Secretary considers
appropriate.’’ (49 U.S.C. 31133(a)(8) and
(10)).
The Administrator of FMCSA has
been delegated authority under 49 CFR
1.87(f) to carry out the functions vested
in the Secretary of Transportation by 49
U.S.C. chapter 311, subchapters I and
III, relating to commercial motor vehicle
programs and safety regulation.
Background
On April 4, 1997 (62 FR 16370), the
Federal Highway Administration
(FHWA) published ‘‘Regulatory
Guidance for the Federal Motor Carrier
Safety Regulations.’’ The notice
presented interpretive guidance material
for the Federal Motor Carrier Safety
Regulations (FMCSRs) based on the
FHWA’s consolidation or previously
issued interpretations and regulatory
guidance materials. The FHWA
developed concise interpretive guidance
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
*
Only subparagraphs (b),
(e), (f), and (g) were approved.
*
in question-and-answer form for each
part of the FMCSRs.
The 1997 notice included the
following guidance to 49 CFR 395.2 on
page 16422 (62 FR 16422):
Question 2: What conditions must be
met for a Commercial Motor Vehicle
(CMV) driver to record meal and other
routine stops made during a tour of duty
as off-duty time?
Guidance: 1. The driver must have
been relieved of all duty and
responsibility for the care and custody
of the vehicle, its accessories, and any
cargo or passengers it may be carrying.
2. The duration of the driver’s relief
from duty must be a finite period of
time which is of sufficient duration to
ensure that the accumulated fatigue
resulting from operating a Commercial
Motor Vehicle (CMV) will be
significantly reduced.
3. If the driver has been relieved from
duty, as noted in (1) above, the duration
of the relief from duty must have been
made known to the driver prior to the
driver’s departure in written
instructions from the employer. There
are no record retention requirements for
these instructions on board a vehicle or
at a motor carrier’s principal place of
business.
4. During the stop, and for the
duration of the stop, the driver must be
at liberty to pursue activities of his/her
own choosing and to leave the premises
where the vehicle is situated.
While FMCSA has not received any
requests for clarification of the
guidance, the Agency believes it is outof-date and no longer provides practical
assistance to motor carriers attempting
to achieve compliance with the HOS
rules. As currently written, the guidance
lays out requirements for written
instructions from drivers’ employers
concerning the duration of breaks
during the work shift which is
inconsistent with the requirements of 49
E:\FR\FM\12JYR1.SGM
12JYR1
Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Rules and Regulations
CFR part 395. The guidance implicitly
imposes a recordkeeping requirement,
but relieves both the carrier and the
driver of any responsibility for
maintaining a copy of the instructions at
the principal place of business or on the
CMV.
In addition, the current guidance
includes an unenforceable performance
standard for assessing the validity of a
break that will be recorded as off-duty.
The guidance states the break must be
long enough to ensure that the
accumulated fatigue resulting from
driving the CMV will be significantly
reduced.
FMCSA’s Decision To Revise the
Regulatory Guidance
In consideration of the above, FMCSA
has determined the 1997 regulatory
guidance should be revised to eliminate
language that has the effect of
discouraging drivers from taking breaks
during the work day, or documenting
such breaks in their logbooks. The
FMCSA revises Question 2 to 49 CFR
395.2, to read as follows:
wreier-aviles on DSK5TPTVN1PROD with RULES
Hours of Service for Commercial Motor
Vehicle Drivers Regulatory Guidance
for 49 CFR 395.2, Definitions
Question 2: What conditions must be
met for a commercial motor vehicle
(CMV) driver to record meal and other
routine stops made during a work shift
as off-duty time?
Guidance: Drivers may record meal
and other routine stops, including a rest
break of at least 30 minutes intended to
satisfy 49 CFR 395.3(a)(3)(ii), as off-duty
time provided:
1. The driver is relieved of all duty
and responsibility for the care and
custody of the vehicle, its accessories,
and any cargo or passengers it may be
carrying.
2. During the stop, and for the
duration of the stop, the driver must be
at liberty to pursue activities of his/her
own choosing.
Through the revision of the regulatory
guidance, FMCSA makes clear that the
motor carrier need not provide formal
guidance, either verbal or written, to
drivers with regard to the specific times
and locations where rest break may be
taken. The revised guidance also
emphasizes that periods of time during
which the driver is free to stop working,
and engage in activities of his/her
choosing, may be recorded as off-duty
time, irrespective of whether the driver
has the means or opportunity to leave a
particular facility or location. All
previously issued guidance on this
matter should be disregarded if
inconsistent with today’s notice.
VerDate Mar<15>2010
14:32 Jul 11, 2013
Jkt 229001
IV. Guidance for Heating of Rail Tank Cars
for Unloading or Transloading
Issued on: July 5, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013–16687 Filed 7–11–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Chapter I
[Notice No. 13–6]
Safety Advisory Guidance: Heating
Rail Tank Cars To Prepare Hazardous
Material for Unloading or Transloading
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Safety advisory guidance.
AGENCY:
This guidance provides safety
precautions and recommended guidance
for persons responsible for unloading or
transloading 1 hazardous materials from
rail tank cars, specifically those persons
heating a rail tank car to prepare its
hazardous material contents for
unloading or transloading. Further, this
guidance reminds such persons of
current regulatory requirements
addressing this type of operation.
PHMSA is issuing this guidance in
coordination with the Occupational
Safety and Health Administration
(OSHA) and the Environmental
Protection Agency (EPA), and in
consultation with the Federal Railroad
Administration (FRA).
FOR FURTHER INFORMATION CONTACT:
Cheryl West Freeman, Division of
Engineering and Research, Pipeline and
Hazardous Materials Safety
Administration, 202–366–4545. For
further information regarding OSHA
regulations, contact OSHA, Office of
Communications at 202–693–1999 and
for further information regarding EPA’s
Risk Management Plan, go to:
www.epa.gov/emergencies/rmp.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
II. PHMSA’s Coordinated Response With
OSHA and EPA
III. Federal Regulations
A. Applicable PHMSA Regulations
B. Applicable OSHA Regulations or
Standards
C. Applicable EPA Regulations
1 As defined in § 171.8, Transloading means the
transfer of a hazardous material by any person from
one bulk packaging to another bulk packaging, from
a bulk packaging to a non-bulk packaging, or from
a non-bulk packaging to a bulk packaging for the
purpose of continuing the movement of the
hazardous material in commerce.
PO 00000
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Fmt 4700
Sfmt 4700
41853
I. Background
PHMSA’s mission is to protect people
and the environment from the risks of
hazardous materials transportation,
including those loading and unloading
operations covered under PHMSA
regulations. Our efforts to enhance the
safety of hazardous materials loading
and unloading operations include
development of standards for bulk
loading and unloading of hazardous
materials as part of our current strategic
plan. Towards this end, on May 24,
1999, the Research and Special
Programs Administration (PHMSA’s
predecessor agency) published a final
rule [Docket No. RSPA–97–2718 (HM–
225A), Hazardous Materials: Revision to
Regulations Governing Transportation
and Unloading of Liquefied Compressed
Gases] that revised regulations
applicable to the transportation and
unloading of liquefied compressed
gases. The revisions included new
inspection, maintenance, and testing
requirements for cargo tank discharge
systems, including delivery hose
assemblies, and revised attendance
requirements applicable to liquefied
petroleum gas and anhydrous ammonia.
Also, more recently, on March 11, 2011,
PHMSA published a Notice of Proposed
Rulemaking [Docket Number PHMSA–
2007–28119 (HM–247), Hazardous
Materials: Cargo Tank Motor Vehicle
Loading and Unloading] that proposes
to amend our regulations to require each
person (i.e., carrier or facility) who
engages in cargo tank loading or
unloading operations to perform a risk
assessment of the loading and unloading
operation and develop and implement
safe operating procedures based upon
the results of the risk assessment. We
received comments on the proposals in
this NPRM and are currently evaluating
the best course of action to address
them.
As part of our continuing efforts to
enhance the safety of hazardous
materials loading and unloading
operations, our combined effort with
other Federal agencies to protect the
public, and in response to the findings
from an NTSB investigation, PHMSA is
issuing this safety advisory guidance to
all entities responsible for unloading or
transloading of heated hazardous
material from a rail tank car. In 1999
and again in 2002, accidents occurred as
a result of the process of heating rail
tank cars for unloading hazardous
materials. On February 18, 1999, a rail
tank car, which was on the unloading
rack at the Essroc Cement Corporation
E:\FR\FM\12JYR1.SGM
12JYR1
]]>Agencies
[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Rules and Regulations]
[Pages 41852-41853]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16687]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 395
Hours of Service for Commercial Motor Vehicle Drivers; Regulatory
Guidance Concerning Off-Duty Time
AGENCY: Federal Motor Carrier Safety Administration, DOT.
ACTION: Regulatory guidance.
-----------------------------------------------------------------------
SUMMARY: FMCSA revises its April 4, 1997, regulatory guidance
concerning the conditions that must be met in order for a commercial
motor vehicle (CMV) driver to record meal and other routine stops made
during a work shift as off-duty time. The Agency has reviewed the
guidance and determined that it includes language that is overly
restrictive and inconsistent with the hours-of-service regulations. The
1997 guidance has the effect of discouraging drivers from taking breaks
during the work day, or documenting such breaks in their logbooks.
DATES: This guidance is effective July 12, 2013.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas L. Yager, Chief, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations; 1200 New Jersey Ave. SE., Washington, DC 20590, Telephone
202-366-4325, Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Legal Basis
The Secretary of Transportation has statutory authority to set
minimum standards for commercial motor vehicle safety. These minimum
standards must ensure that: (1) CMVs are maintained, equipped, loaded,
and operated safely; (2) the responsibilities imposed on operators of
CMVs do not impair their ability to operate the vehicles safely; (3)
the physical condition of operators of CMVs is adequate to enable them
to operate the vehicles safely; (4) the operation of CMVs does not have
a deleterious effect on the physical condition of the operators; and
(5) an operator of a commercial motor vehicle is not coerced by a motor
carrier, shipper, receiver, or transportation intermediary to operate a
commercial motor vehicle in violation of a regulation. (49 U.S.C.
31136(a)(1)-(5), as amended). The Secretary also has broad power in
carrying out motor carrier safety statutes and regulations to
``prescribe recordkeeping and reporting requirements'' and to ``perform
other acts the Secretary considers appropriate.'' (49 U.S.C.
31133(a)(8) and (10)).
The Administrator of FMCSA has been delegated authority under 49
CFR 1.87(f) to carry out the functions vested in the Secretary of
Transportation by 49 U.S.C. chapter 311, subchapters I and III,
relating to commercial motor vehicle programs and safety regulation.
Background
On April 4, 1997 (62 FR 16370), the Federal Highway Administration
(FHWA) published ``Regulatory Guidance for the Federal Motor Carrier
Safety Regulations.'' The notice presented interpretive guidance
material for the Federal Motor Carrier Safety Regulations (FMCSRs)
based on the FHWA's consolidation or previously issued interpretations
and regulatory guidance materials. The FHWA developed concise
interpretive guidance in question-and-answer form for each part of the
FMCSRs.
The 1997 notice included the following guidance to 49 CFR 395.2 on
page 16422 (62 FR 16422):
Question 2: What conditions must be met for a Commercial Motor
Vehicle (CMV) driver to record meal and other routine stops made during
a tour of duty as off-duty time?
Guidance: 1. The driver must have been relieved of all duty and
responsibility for the care and custody of the vehicle, its
accessories, and any cargo or passengers it may be carrying.
2. The duration of the driver's relief from duty must be a finite
period of time which is of sufficient duration to ensure that the
accumulated fatigue resulting from operating a Commercial Motor Vehicle
(CMV) will be significantly reduced.
3. If the driver has been relieved from duty, as noted in (1)
above, the duration of the relief from duty must have been made known
to the driver prior to the driver's departure in written instructions
from the employer. There are no record retention requirements for these
instructions on board a vehicle or at a motor carrier's principal place
of business.
4. During the stop, and for the duration of the stop, the driver
must be at liberty to pursue activities of his/her own choosing and to
leave the premises where the vehicle is situated.
While FMCSA has not received any requests for clarification of the
guidance, the Agency believes it is out-of-date and no longer provides
practical assistance to motor carriers attempting to achieve compliance
with the HOS rules. As currently written, the guidance lays out
requirements for written instructions from drivers' employers
concerning the duration of breaks during the work shift which is
inconsistent with the requirements of 49
[[Page 41853]]
CFR part 395. The guidance implicitly imposes a recordkeeping
requirement, but relieves both the carrier and the driver of any
responsibility for maintaining a copy of the instructions at the
principal place of business or on the CMV.
In addition, the current guidance includes an unenforceable
performance standard for assessing the validity of a break that will be
recorded as off-duty. The guidance states the break must be long enough
to ensure that the accumulated fatigue resulting from driving the CMV
will be significantly reduced.
FMCSA's Decision To Revise the Regulatory Guidance
In consideration of the above, FMCSA has determined the 1997
regulatory guidance should be revised to eliminate language that has
the effect of discouraging drivers from taking breaks during the work
day, or documenting such breaks in their logbooks. The FMCSA revises
Question 2 to 49 CFR 395.2, to read as follows:
Hours of Service for Commercial Motor Vehicle Drivers Regulatory
Guidance for 49 CFR 395.2, Definitions
Question 2: What conditions must be met for a commercial motor
vehicle (CMV) driver to record meal and other routine stops made during
a work shift as off-duty time?
Guidance: Drivers may record meal and other routine stops,
including a rest break of at least 30 minutes intended to satisfy 49
CFR 395.3(a)(3)(ii), as off-duty time provided:
1. The driver is relieved of all duty and responsibility for the
care and custody of the vehicle, its accessories, and any cargo or
passengers it may be carrying.
2. During the stop, and for the duration of the stop, the driver
must be at liberty to pursue activities of his/her own choosing.
Through the revision of the regulatory guidance, FMCSA makes clear
that the motor carrier need not provide formal guidance, either verbal
or written, to drivers with regard to the specific times and locations
where rest break may be taken. The revised guidance also emphasizes
that periods of time during which the driver is free to stop working,
and engage in activities of his/her choosing, may be recorded as off-
duty time, irrespective of whether the driver has the means or
opportunity to leave a particular facility or location. All previously
issued guidance on this matter should be disregarded if inconsistent
with today's notice.
Issued on: July 5, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-16687 Filed 7-11-13; 8:45 am]
BILLING CODE 4910-EX-P
