Hours of Service of Drivers: U.S. Department of Defense (DOD); Application for Exemption, 64265-64267 [2013-25375]

Download as PDF Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Notices requirements for the submittal of Noise Compatibility Programs, but that further review will be necessary prior to approval or disapproval of the program. The formal review period, limited by law to a maximum of 180 days, will be completed on or before April 19, 2014. The FAA’s detailed evaluation will be conducted under the provisions of 14 CFR Part 150, Section 150.33. The primary considerations in the evaluation process are whether the proposed measures may reduce the level of aviation safety or create an undue burden on interstate or foreign commerce, and whether they are reasonably consistent with obtaining the goal of reducing existing noncompatible land uses and preventing the introduction of additional noncompatible land uses. Interested persons are invited to comment on the proposed program with specific reference to these factors. All comments relating to these factors, other than those properly addressed to local land use authorities, will be considered by the FAA to the extent practicable. Copies of the Noise Exposure Maps, the FAA’s evaluation of the maps, and the proposed Noise Compatibility Program are available for examination at the following locations: Federal Aviation Administration, Orlando Airports District Office, 5950 Hazeltine National Drive, Orlando, FL 32822. Questions may be directed to the individual named above under the heading, FOR FURTHER INFORMATION CONTACT. Issued in Orlando, FL on October 21, 2013. Bart Vernace, Manager Orlando Airports District Office. [FR Doc. 2013–25400 Filed 10–25–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice To Rescind a Notice of Intent To Prepare an Environmental Impact Statement (EIS): State Route 71, South Knoxville Boulevard (James White Parkway), From Governor John Sevier Highway (State Route 168) to Moody Avenue, Knox County, Tennessee Federal Highway Administration (FHWA), DOT. ACTION: Notice to Rescind a Notice of Intent to prepare an Environmental Impact Statement (EIS). wreier-aviles on DSK5TPTVN1PROD with NOTICES AGENCY: The Federal Highway Administration (FHWA) is issuing this notice to advise the public that the Notice of Intent published on May 1, SUMMARY: VerDate Mar<15>2010 14:52 Oct 25, 2013 Jkt 232001 2007 to prepare an EIS for the proposed State Route 71, South Knoxville Boulevard (James White Parkway), from Governor John Sevier Highway (State Route 168) to Moody Avenue, Knox County, Tennessee, is being rescinded. FOR FURTHER INFORMATION CONTACT: Ms. Theresa Claxton, Planning and Program Management Team Leader, Federal Highway Administration—Tennessee Division Office, 404 BNA Drive, Suite 508, Nashville, TN 37217. 615–781– 5770. SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the Tennessee Department of Transportation, is rescinding the notice of intent to prepare an EIS for the proposed State Route 71, South Knoxville Boulevard (James White Parkway) from near the existing Chapman Highway/Governor John Sevier Highway interchange to Moody Avenue. The proposed project was approximately 5 miles in length. The FHWA approved the Draft EIS (DEIS) on September 28, 2012. The project as described in the DEIS was to provide an efficient and safe transportation facility that would enhance transportation service by improving access in the South Knoxville area and help relieve traffic congestion on Chapman Highway. During the DEIS process, TDOT conducted public involvement and agency coordination, developed a purpose and need for the project, and developed preliminary alternatives. The preliminary alternatives included a No-Build alternative, and three build alternatives on new location east of the Chapman Highway/Governor John Sevier Highway interchange and extending north westward to the existing State Route 71, South Knoxville Boulevard (James White Parkway) terminus at Moody Avenue. After consideration of public comments, the Knoxville Regional Transportation Planning Organization (TPO) removed the project from their draft Fiscal Year (FY) 2014–2017 Transportation Improvement Program (TIP) in August of 2013. Subsequently, the FY 2014–2017 Knoxville TIP was adopted by the TPO Executive Board on October 16, 2013, and did not include the State Route 71 project. Based on the Knoxville Regional TPO’s intent to not advance the State Route 71 project, TDOT is terminating future development of the EIS. Comments and questions concerning the proposed action should be directed to FHWA at the address provided above. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 64265 and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this proposed program.) Theresa Claxton, Planning and Program Mgmt. Team Leader, Nashville, TN. [FR Doc. 2013–25313 Filed 10–25–13; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0275] Hours of Service of Drivers: U.S. Department of Defense (DOD); Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemption. AGENCY: FMCSA announces its decision to grant the U.S. Department of Defense (DOD) Military Surface Deployment and Distribution Command (SDDC) an exemption from the minimum 30-minute rest break provision of the Agency’s hours-ofservice (HOS) regulations for commercial motor vehicle (CMV) drivers. The exemption enables SDDC’s contract motor carriers and their employee-drivers engaged in the transportation of weapons, munitions, and sensitive/classified cargo to have the same regulatory flexibility that 49 CFR 395.1(q) provides for drivers transporting explosives. The exempted drivers are allowed to use 30 minutes or more of attendance time to meet the HOS rest break requirements, provided they do not perform any other work during the break. DATES: This exemption is effective from 12:01 a.m., October 22, 2013, through 11:59 p.m., October 21, 2015. FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver, and Vehicle Safety Standards; Telephone: 202–366–4325. Email: MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: SUMMARY: 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 E:\FR\FM\28OCN1.SGM 28OCN1 64266 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Notices wreier-aviles on DSK5TPTVN1PROD with NOTICES 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 The Military Surface Deployment and Distribution Command (SDDC) manages the motor carrier industry contracts for the Department of Defense (DOD). Certain motor carriers under contract to the SDDC provide protective services while transporting weapons, munitions, and sensitive/classified cargo. SDDC requests a limited exemption from the HOS regulation pertaining to rest breaks [49 CFR 395.3(a)(3)(ii)] to allow SDDC-contracted drivers providing dual driver-protective services to be treated the same as drivers transporting explosives, as provided in § 395.1(q). Section 395.1(q) states that operators of 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. FMCSA analyzed SDDC’s request and on July 23, 2013, granted a limited 90day waiver for SDDC-contracted motor carriers and drivers from the HOS rest break requirement. The waiver expired on October 22, 2013. SDDC believes that shipments moved under the requested exemption would achieve a level of safety and security that is at least equivalent to what would be obtained by following the normal break requirements in § 395.3(a)(3)(ii). SDDC states that it requires continuous attendance and surveillance of such shipments until they reach their final destination. SDDC states that it has instituted several technical and administrative controls to ensure the efficient transportation of cargo VerDate Mar<15>2010 14:52 Oct 25, 2013 Jkt 232001 requiring protective services, controls that would remain in effect under the requested exemption. They include the following: • Conducting review of carrier compliance requirements and procedures for moving hazardous cargo. • Evaluating carrier authority to operate on U.S. roadways. • Evaluating carrier compliance with FMCSA’s Compliance Safety Accountability program and Safety Measurement System standards. • Providing over-the-road vehicle surveillance. • Inspecting carrier facilities and corporate headquarters for compliance with DOD and DOT standards. Further details regarding SDDC’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. SDDC asserts that granting the exemption would allow driver teams to manage their en-route rest periods efficiently and also perform mandated shipment security surveillance, resulting in both safe driving performance and greater security of cargo during long-distance trips. SDDC anticipates no safety impacts from this exemption and believes that its contract employee drivers should be allowed to follow the requirements in § 395.1(q) when transporting shipments of sensitive DOD cargo. SDDC 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). SDDC indicated that 40 contract carriers with approximately 1,942 power units and 3,000 drivers would currently be eligible for the exemption if granted. The proposed exemption would be effective for 2 years, the maximum period allowed by § 381.300. Public Comments On August 12, 2013, FMCSA published notice of this application, and asked for public comment (78 FR 48927). Six comments were submitted. An anonymous respondent commented by stating, ‘‘If the Federal Motor Carrier Safety Administration approves this exemption for SDDC then they should at least approve the exemption for all team drivers (if not all drivers) of commercial motor vehicles fleet and owner/ operators operating in the FMCSA jurisdiction based on the SDDC exemption document.’’ Another anonymous respondent opposed the exemption by stating, ‘‘I feel as someone who has held a job as a long distance PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 driver it is important to have regular rest breaks.’’ Mr. Wayne Yoder commented by stating that ‘‘If the FMCSA concludes allowing munitions haulers to monitor their vehicles while on their 30 minute break does not detract from highway safety, then all drivers should be allowed to monitor their vehicles while on their 30 minute break.’’ Mr. David A. Bell provided comments in support of the exemption. The American Trucking Associations (ATA) and Boyle Transportation also provided comments in support of the exemption. ATA commented by stating ‘‘FMCSA should grant the Department of Defense’s request to preserve en route security, just as it did for a previous Department of Energy exemption request. Doing so preserves a wellestablished cargo security practice in place before the thirty minute rest break requirement took effect.’’ Boyle Transportation commented by stating ‘‘We urge the Federal Motor Carrier Safety Administration to grant this exemption but with more stringent terms and conditions than those identified in the 90-day waiver dated July 23, 2013.’’ Additionally, Boyle Transportation made recommendations for FMCSA to place in the terms and conditions for this exemption. All comments are available for review in the docket for this notice. FMCSA Decision The FMCSA has evaluated SDDC’s application for exemption and the public comments. The Agency believes that SDDC 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)]. The exempted drivers will receive the 30 minutes or more of rest when required since they will be free of all duties other than ‘‘attending’’ the vehicle during the break periods. The safety objectives of the break requirement will be met; the only subject of the exemption is the duty status of the driver while attending the vehicle during a required rest break. Therefore, the Agency grants the exemption request subject to the terms and conditions in this Federal Register notice. Terms of the Exemption 1. Drivers authorized by SDDC to utilize this exemption must have a copy of this exemption document in their possession while operating under the terms of the exemption. The exemption document must be presented to law enforcement officials upon request. 2. All motor carriers operating under this exemption must have a E:\FR\FM\28OCN1.SGM 28OCN1 Federal Register / Vol. 78, No. 208 / Monday, October 28, 2013 / Notices ‘‘Satisfactory’’ safety rating with FMCSA, or be ‘‘unrated;’’ motor carriers with ‘‘Conditional’’ or ‘‘Unsatisfactory’’ FMCSA safety ratings are prohibited from using this exemption. 3. All motor carriers operating under this exemption must have Safety Measurement System (SMS) scores below FMCSA’s intervention thresholds, as displayed at http:// ai.fmcsa.dot.gov/sms/. 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., October 22, 2013, through 11:59 p.m., October 21, 2015. 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: October 23, 2013. Anne S. Ferro, Administrator. Extent of the Exemption [FR Doc. 2013–25375 Filed 10–25–13; 8:45 am] The exemption is restricted to SDDC’s contract driver-employees transporting security-sensitive materials. This exemption is limited to the provisions of 49 CFR 395.3(a)(3)(ii) to allow contract driver-employees transporting security-sensitive 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. wreier-aviles on DSK5TPTVN1PROD with NOTICES Notification to FMCSA The SDDC 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. VerDate Mar<15>2010 14:52 Oct 25, 2013 Jkt 232001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0184] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. AGENCY: FMCSA announces receipt of applications from 26 individuals for exemptions from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. SUMMARY: Comments must be received on or before November 27, 2013. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2013–0184 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. • 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: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. DATES: PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 64267 • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. Note that all comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or 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., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s Privacy Act Statement for the Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316). FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for a 2-year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.’’ The statute also allows the Agency to renew exemptions at the end of the 2-year period. The 26 individuals listed in this notice have recently requested such an exemption from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers of CMVs in interstate commerce. E:\FR\FM\28OCN1.SGM 28OCN1

Agencies

[Federal Register Volume 78, Number 208 (Monday, October 28, 2013)]
[Notices]
[Pages 64265-64267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25375]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0275]


Hours of Service of Drivers: U.S. Department of Defense (DOD); 
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 
Defense (DOD) Military Surface Deployment and Distribution Command 
(SDDC) an exemption from the minimum 30-minute rest break provision of 
the Agency's hours-of-service (HOS) regulations for commercial motor 
vehicle (CMV) drivers. The exemption enables SDDC's contract motor 
carriers and their employee-drivers engaged in the transportation of 
weapons, munitions, and sensitive/classified cargo to have the same 
regulatory flexibility that 49 CFR 395.1(q) provides for drivers 
transporting explosives. The exempted drivers are allowed to use 30 
minutes or more of attendance time to meet the HOS rest break 
requirements, provided they do not perform any other work during the 
break.

DATES: This exemption is effective from 12:01 a.m., October 22, 2013, 
through 11:59 p.m., October 21, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver, and Vehicle 
Safety Standards; 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

[[Page 64266]]

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

    The Military Surface Deployment and Distribution Command (SDDC) 
manages the motor carrier industry contracts for the Department of 
Defense (DOD). Certain motor carriers under contract to the SDDC 
provide protective services while transporting weapons, munitions, and 
sensitive/classified cargo.
    SDDC requests a limited exemption from the HOS regulation 
pertaining to rest breaks [49 CFR 395.3(a)(3)(ii)] to allow SDDC-
contracted drivers providing dual driver-protective services to be 
treated the same as drivers transporting explosives, as provided in 
Sec.  395.1(q). Section 395.1(q) states that operators of 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. FMCSA analyzed SDDC's request and on July 23, 2013, granted 
a limited 90-day waiver for SDDC-contracted motor carriers and drivers 
from the HOS rest break requirement. The waiver expired on October 22, 
2013.
    SDDC believes that shipments moved under the requested exemption 
would achieve a level of safety and security that is at least 
equivalent to what would be obtained by following the normal break 
requirements in Sec.  395.3(a)(3)(ii).
    SDDC states that it requires continuous attendance and surveillance 
of such shipments until they reach their final destination. SDDC states 
that it has instituted several technical and administrative controls to 
ensure the efficient transportation of cargo requiring protective 
services, controls that would remain in effect under the requested 
exemption. They include the following:
     Conducting review of carrier compliance requirements and 
procedures for moving hazardous cargo.
     Evaluating carrier authority to operate on U.S. roadways.
     Evaluating carrier compliance with FMCSA's Compliance 
Safety Accountability program and Safety Measurement System standards.
     Providing over-the-road vehicle surveillance.
     Inspecting carrier facilities and corporate headquarters 
for compliance with DOD and DOT standards.
    Further details regarding SDDC'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. SDDC asserts that 
granting the exemption would allow driver teams to manage their en-
route rest periods efficiently and also perform mandated shipment 
security surveillance, resulting in both safe driving performance and 
greater security of cargo during long-distance trips.
    SDDC anticipates no safety impacts from this exemption and believes 
that its contract employee drivers should be allowed to follow the 
requirements in Sec.  395.1(q) when transporting shipments of sensitive 
DOD cargo. SDDC 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).
    SDDC indicated that 40 contract carriers with approximately 1,942 
power units and 3,000 drivers would currently be eligible for the 
exemption if granted. The proposed exemption would be effective for 2 
years, the maximum period allowed by Sec.  381.300.

Public Comments

    On August 12, 2013, FMCSA published notice of this application, and 
asked for public comment (78 FR 48927). Six comments were submitted. An 
anonymous respondent commented by stating, ``If the Federal Motor 
Carrier Safety Administration approves this exemption for SDDC then 
they should at least approve the exemption for all team drivers (if not 
all drivers) of commercial motor vehicles fleet and owner/operators 
operating in the FMCSA jurisdiction based on the SDDC exemption 
document.'' Another anonymous respondent opposed the exemption by 
stating, ``I feel as someone who has held a job as a long distance 
driver it is important to have regular rest breaks.'' Mr. Wayne Yoder 
commented by stating that ``If the FMCSA concludes allowing munitions 
haulers to monitor their vehicles while on their 30 minute break does 
not detract from highway safety, then all drivers should be allowed to 
monitor their vehicles while on their 30 minute break.'' Mr. David A. 
Bell provided comments in support of the exemption.
    The American Trucking Associations (ATA) and Boyle Transportation 
also provided comments in support of the exemption. ATA commented by 
stating ``FMCSA should grant the Department of Defense's request to 
preserve en route security, just as it did for a previous Department of 
Energy exemption request. Doing so preserves a well-established cargo 
security practice in place before the thirty minute rest break 
requirement took effect.'' Boyle Transportation commented by stating 
``We urge the Federal Motor Carrier Safety Administration to grant this 
exemption but with more stringent terms and conditions than those 
identified in the 90-day waiver dated July 23, 2013.'' Additionally, 
Boyle Transportation made recommendations for FMCSA to place in the 
terms and conditions for this exemption. All comments are available for 
review in the docket for this notice.

FMCSA Decision

    The FMCSA has evaluated SDDC's application for exemption and the 
public comments. The Agency believes that SDDC 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)]. The exempted 
drivers will receive the 30 minutes or more of rest when required since 
they will be free of all duties other than ``attending'' the vehicle 
during the break periods. The safety objectives of the break 
requirement will be met; the only subject of the exemption is the duty 
status of the driver while attending the vehicle during a required rest 
break. Therefore, the Agency grants the exemption request subject to 
the terms and conditions in this Federal Register notice.

Terms of the Exemption

    1. Drivers authorized by SDDC to utilize this exemption must have a 
copy of this exemption document in their possession while operating 
under the terms of the exemption. The exemption document must be 
presented to law enforcement officials upon request.
    2. All motor carriers operating under this exemption must have a

[[Page 64267]]

``Satisfactory'' safety rating with FMCSA, or be ``unrated;'' motor 
carriers with ``Conditional'' or ``Unsatisfactory'' FMCSA safety 
ratings are prohibited from using this exemption.
    3. All motor carriers operating under this exemption must have 
Safety Measurement System (SMS) scores below FMCSA's intervention 
thresholds, as displayed at http://ai.fmcsa.dot.gov/sms/.

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., October 22, 2013, through 11:59 
p.m., October 21, 2015.

 Extent of the Exemption

    The exemption is restricted to SDDC's contract driver-employees 
transporting security-sensitive materials. This exemption is limited to 
the provisions of 49 CFR 395.3(a)(3)(ii) to allow contract driver-
employees transporting security-sensitive 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 SDDC 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: October 23, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-25375 Filed 10-25-13; 8:45 am]
BILLING CODE 4910-EX-P