Hours of Service of Drivers: U.S. Department of Defense (DOD); Application for Renewal of Exemption, 20556-20558 [2015-08724]

Download as PDF 20556 Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Notices certification process using the previous revision level to complete that process. After October 14, 2016, manufacturers must use the later revision and must identify the later revision in the Statement of Compliance for initial certification of special light-sport aircraft unless the FAA publishes a specific notification otherwise. The following Consensus Standard may not be used after October 14, 2016: ASTM Designation F2972–12, titled: Standard Specification for Light Sport Aircraft Manufacturer’s Quality Assurance System tkelley on DSK3SPTVN1PROD with NOTICES The Consensus Standards The FAA finds the following revised consensus standards acceptable for certification of the specified aircraft under the provisions of the Sport Pilot and Light-Sport Aircraft rule. The following consensus standards become effective April 16, 2015 and may be used unless the FAA publishes a specific notification otherwise: ASTM Designation F2241–14, titled: Standard Specification for Continued Airworthiness System for Powered Parachute Aircraft ASTM Designation F2244–14, titled: Standard Specification for Design and Performance Requirements for Powered Parachute Aircraft ASTM Designation F2245–14, titled: Standard Specification for Design and Performance of a Light Sport Airplane ASTM Designation F2352–14, titled: Standard Specification for Design and Performance of Light Sport Gyroplane Aircraft ASTM Designation F2355–14, titled: Standard Specification for Design and Performance Requirements for Lighter-Than-Air Light Sport Aircraft ASTM Designation F2415–14, titled: Standard Practice for Continued Airworthiness System for Light Sport Gyroplane Aircraft ASTM Designation F2564–14, titled: Standard Specification for Design and Performance of a Light Sport Glider ASTM Designation F2746–14, titled: Standard Specification for Pilot’s Operating Handbook (POH) for Light Sport Airplane ASTM Designation F2840–14, titled: Standard Practice for Design and Manufacture of Electric Propulsion Units for Light Sport Aircraft ASTM Designation F2930–14a, titled: Standard Guide for Compliance with Light Sport Aircraft Standards ASTM Designation F2972–14e1, titled: Standard Specification for Light Sport Aircraft Manufacturer’s Quality Assurance System VerDate Sep<11>2014 18:03 Apr 15, 2015 Jkt 235001 Availability ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428–2959 copyrights these consensus standards. Individual reprints of a standard (single or multiple copies, or special compilations and other related technical information) may be obtained by contacting ASTM at this address, or at (610) 832–9585 (phone), (610) 832–9555 (fax), through service@astm.org (email), or through the ASTM Web site at www.astm.org. To inquire about standard content and/or membership or about ASTM International Offices abroad, contact Christine DeJong, Staff Manager for Committee F37 on LightSport Aircraft: (610) 832–9736, cdejong@astm.org. Issued in Kansas City, Missouri, on March 27, 2015. Pat Mullen, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2015–08589 Filed 4–15–15; 8:45 am] BILLING CODE 4910–13–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 Renewal of Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that it has received an application from the U.S. Department of Defense (DOD) Military Surface Deployment and Distribution Command (SDDC) for a renewal of its exemption from the minimum 30minute rest break provision of the Agency’s hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. SDDC currently holds an exemption for the period October 22, 2013, through October 21, 2015. The exemption renewal would allow these drivers 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. FMCSA requests public comment on SDDC’s application for renewal of the exemption. DATES: If granted, this exemption would be effective from October 22, 2015, through October 21, 2017. Comments SUMMARY: PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 must be received on or before May 18, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2013–0275 using any of the following methods: • Federal eRulemaking Portal: Go to 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 or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit 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., ET, Monday through Friday, except Federal holidays. The online FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: For information concerning this notice contact Ms. Pearlie Robinson, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards, FMCSA; Telephone: 202– 366–4325. Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: E:\FR\FM\16APN1.SGM 16APN1 Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / 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, 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)). tkelley on DSK3SPTVN1PROD with NOTICES Request for Exemption Renewal On December 27, 2011 (76 FR 81133), FMCSA published a final rule amending its HOS regulations for drivers of property-carrying CMVs. The final rule adopted several changes to the HOS regulations including a new provision requiring drivers to take a rest break of at least 30 minutes during the work day under certain circumstances. FMCSA did not specify when drivers must take the break, but the rule requires that they wait no longer than 8 hours after the last off-duty period of 30 minutes or more to take it if they want to drive a CMV. Drivers who already take shorter breaks during the work day could comply with the rule by extending one of those breaks to 30 minutes. The new requirement took effect on July 1, 2013. The SDDC manages the motor carrier industry contracts for the DOD. Certain motor carriers under contract to the SDDC provide protective services while transporting weapons, munitions, and sensitive/classified cargo. SDDC’s initial exemption application for relief from the HOS rest break requirement was submitted in 2013; a copy of the application is in the docket identified at the beginning of this notice. That 2013 application describes VerDate Sep<11>2014 16:48 Apr 15, 2015 Jkt 235001 fully the nature of the operations of SDDC’s contracted drivers. The exemption was granted on October 28, 2013 (78 FR 64265). SDDC requests a renewal of its limited exemption from the HOS regulation pertaining to rest breaks [49 CFR 395.3(a)(3)(ii)] to allow SDDCcontracted drivers providing dual driver-protective services to be treated the same as drivers transporting explosives. As provided in § 395.1(q), 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. 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). Method To Ensure an Equivalent or Greater Level of Safety 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 United States roadways. • Evaluating carrier compliance with the Federal Motor Carrier Safety Administration’s Compliance Safety Accountability program 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 enroute 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 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 20557 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 approximately 1,942 power units and 3,000 drivers would be covered by the exemption. The proposed exemption would be effective for 2 years, the maximum period allowed by § 381.300. SDDC reported two crashes in 2014 in which drivers were cited. Neither crash was connected to fatigue that was related to the 30 minute break. Terms of the Exemption 1. Drivers authorized by SDDC to utilize the exemption, if granted, must have a copy of the 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 ‘‘Satisfactory’’ safety rating with FMCSA, or be ‘‘unrated;’’ motor carriers with ‘‘Conditional’’ or ‘‘Unsatisfactory’’ FMCSA safety ratings are prohibited from using this exemption. 3. Motor carriers operating under this exemption must have Safety Measurement System (SMS) scores that are all below FMCSA’s intervention thresholds, as displayed at https:// ai.fmcsa.dot.gov/sms/. Period of the Exemption The requested exemption from the requirements of 49 CFR 395.3(a)(3)(ii) would be effective from 12:01 a.m., October 22, 2015, through 11:59 p.m., October 21, 2017. Extent of the Exemption The exemption would be restricted to SDDC’s contract driver-employees transporting security-sensitive materials. This exemption would be limited to the provisions of 49 CFR 395.3(a)(3)(ii) to allow contract driveremployees transporting securitysensitive materials to be treated the same as drivers transporting explosives, as provided in § 395.1(q). These drivers would be required to comply with all other applicable provisions of the FMCSRs. Preemption During the periods this exemption would be in effect, no State shall enforce any law or regulation that E:\FR\FM\16APN1.SGM 16APN1 20558 Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Notices conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. Notification to FMCSA The SDDC would be required to 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 would be emailed to MCPSD@ DOT.GOV. tkelley on DSK3SPTVN1PROD with NOTICES Termination The FMCSA does not believe the drivers covered by this exemption, if granted, 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. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA requests public comment on the SDDC’s application for an exemption from certain provisions of the HOS rules in 49 CFR part 395. The Agency will consider all comments received by close of business on May 18, 2015. 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: April 10, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–08724 Filed 4–15–15; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 16:48 Apr 15, 2015 Jkt 235001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2008–0398; FMCSA– 2011–0024; FMCSA–2011–0057; FMCSA– 2013–0022] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 13 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. DATES: This decision is effective May 19, 2015. Comments must be received on or before May 18, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [Docket No. FMCSA–2008–0398; FMCSA–2011–0024; FMCSA–2011– 0057; FMCSA–2013–0022], using any of the following methods: • Federal eRulemaking Portal: Go to https://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 or Courier: 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. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to https:// www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or SUMMARY: PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 comments, go to https:// 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: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, 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: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption from the vision requirements in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce, for a two-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 procedures for requesting an exemption (including renewals) are set out in 49 CFR part 381. II. Exemption Decision This notice addresses 13 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 13 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Luis A. Bejarano (AZ), Richard T. Berendt (OH), James O. Cook (GA), Alfred D. Hewitt (IL), Wesley J. Jenkins (NV), Mark A. Kleinow (IA), Kevin R. Lambert (NC), James P. Lanigan (OH), Nusret Odzakovic (FL), E:\FR\FM\16APN1.SGM 16APN1

Agencies

[Federal Register Volume 80, Number 73 (Thursday, April 16, 2015)]
[Notices]
[Pages 20556-20558]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08724]


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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 Renewal of Exemption

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

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

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

SUMMARY: FMCSA announces that it has received an application from the 
U.S. Department of Defense (DOD) Military Surface Deployment and 
Distribution Command (SDDC) for a renewal of its exemption from the 
minimum 30-minute rest break provision of the Agency's hours-of-service 
(HOS) regulations for commercial motor vehicle (CMV) drivers. SDDC 
currently holds an exemption for the period October 22, 2013, through 
October 21, 2015. The exemption renewal would allow these drivers 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. FMCSA requests public comment on SDDC's application for renewal 
of the exemption.

DATES: If granted, this exemption would be effective from October 22, 
2015, through October 21, 2017. Comments must be received on or before 
May 18, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2013-0275 using any of the 
following methods:
     Federal eRulemaking Portal: Go to 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 or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit 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., ET, Monday through Friday, 
except Federal holidays. The online FDMS is available 24 hours each 
day, 365 days each year. If you want acknowledgment that we received 
your comments, please include a self-addressed, stamped envelope or 
postcard or print the acknowledgment page that appears after submitting 
comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this notice 
contact Ms. Pearlie Robinson, Driver and Carrier Operations Division; 
Office of Carrier, Driver and Vehicle Safety Standards, FMCSA; 
Telephone: 202-366-4325. Email: MCPSD@dot.gov. If you have questions on 
viewing or submitting material to the docket, contact Docket Services, 
telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

[[Page 20557]]

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 Renewal

    On December 27, 2011 (76 FR 81133), FMCSA published a final rule 
amending its HOS regulations for drivers of property-carrying CMVs. The 
final rule adopted several changes to the HOS regulations including a 
new provision requiring drivers to take a rest break of at least 30 
minutes during the work day under certain circumstances.
    FMCSA did not specify when drivers must take the break, but the 
rule requires that they wait no longer than 8 hours after the last off-
duty period of 30 minutes or more to take it if they want to drive a 
CMV. Drivers who already take shorter breaks during the work day could 
comply with the rule by extending one of those breaks to 30 minutes. 
The new requirement took effect on July 1, 2013.
    The SDDC manages the motor carrier industry contracts for the DOD. 
Certain motor carriers under contract to the SDDC provide protective 
services while transporting weapons, munitions, and sensitive/
classified cargo.
    SDDC's initial exemption application for relief from the HOS rest 
break requirement was submitted in 2013; a copy of the application is 
in the docket identified at the beginning of this notice. That 2013 
application describes fully the nature of the operations of SDDC's 
contracted drivers. The exemption was granted on October 28, 2013 (78 
FR 64265).
    SDDC requests a renewal of its 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), 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. 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).

Method To Ensure an Equivalent or Greater Level of Safety

    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 United States 
roadways.
     Evaluating carrier compliance with the Federal Motor 
Carrier Safety Administration's Compliance Safety Accountability 
program 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 enroute 
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 approximately 1,942 power units and 3,000 
drivers would be covered by the exemption. The proposed exemption would 
be effective for 2 years, the maximum period allowed by Sec.  381.300. 
SDDC reported two crashes in 2014 in which drivers were cited. Neither 
crash was connected to fatigue that was related to the 30 minute break.

Terms of the Exemption

    1. Drivers authorized by SDDC to utilize the exemption, if granted, 
must have a copy of the 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 
``Satisfactory'' safety rating with FMCSA, or be ``unrated;'' motor 
carriers with ``Conditional'' or ``Unsatisfactory'' FMCSA safety 
ratings are prohibited from using this exemption.
    3. Motor carriers operating under this exemption must have Safety 
Measurement System (SMS) scores that are all below FMCSA's intervention 
thresholds, as displayed at https://ai.fmcsa.dot.gov/sms/.

Period of the Exemption

    The requested exemption from the requirements of 49 CFR 
395.3(a)(3)(ii) would be effective from 12:01 a.m., October 22, 2015, 
through 11:59 p.m., October 21, 2017.

Extent of the Exemption

    The exemption would be restricted to SDDC's contract driver-
employees transporting security-sensitive materials. This exemption 
would be 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 would be required to comply with all 
other applicable provisions of the FMCSRs.

Preemption

    During the periods this exemption would be in effect, no State 
shall enforce any law or regulation that

[[Page 20558]]

conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption.

Notification to FMCSA

    The SDDC would be required to 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 would be emailed to MCPSD@DOT.GOV.

Termination

    The FMCSA does not believe the drivers covered by this exemption, 
if granted, 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.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA 
requests public comment on the SDDC's application for an exemption from 
certain provisions of the HOS rules in 49 CFR part 395. The Agency will 
consider all comments received by close of business on May 18, 2015. 
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: April 10, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-08724 Filed 4-15-15; 8:45 am]
 BILLING CODE 4910-EX-P