Hours of Service of Drivers: Application for Exemption; American Trucking Associations, Inc., 25004-25005 [2015-10200]

Download as PDF 25004 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices EMC states that ‘‘If the exception is not granted, the entertainers will suffer serious disruption to their tour schedules. Denial of the exemption will also lead to significant economic impacts due to the failure of the entertainers to be able to appear as scheduled. The substantial disruption is not merited by any insistence on the strict construction of any overly broad requirement that does not take the unique circumstances of Entertainer Coaches into account.’’ Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on EMC’s application for an exemption from 49 CFR 393.62(a). All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will continue to file relevant information in the public docket that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Issued on: April 24, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–10202 Filed 4–30–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0012] Hours of Service of Drivers: Application for Exemption; American Trucking Associations, Inc. Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that the American Trucking Associations, Inc. (ATA) has applied for an exemption from the Federal hours-of-service (HOS) regulations that prohibit commercial motor vehicle (CMV) drivers from driving a CMV if more than 8 consecutive hours have passed since the driver’s last off-duty or sleeper-berth period of 30 minutes or more. ATA is mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:14 Apr 30, 2015 Jkt 235001 requesting the exemption on behalf of all motor carriers that transport hazardous materials (HM) shipments requiring security plans under regulations of the Pipeline and Hazardous Materials Safety Administration (PHMSA). These plans normally require a driver to ‘‘attend’’ such cargo while the CMV is stopped, which would be an on-duty activity. This forces drivers to choose between FMCSA’s off-duty rest break requirement and compliance with PHMSA’s security plans, many of include an on-duty ‘‘attendance’’ requirement. ATA proposes that drivers transporting HM for motor carriers required to file security plans be allowed to count their on-duty ‘‘attendance’’ time for any HM cargo toward the required 30-minute rest break requirement, provided the drivers perform no other on-duty activity. The exemption would thus resemble Section 397.7, which requires drivers transporting certain explosives constantly to ‘‘attend’’ their load, while Section 395.1(q) allows them to count ‘‘attendance’’ time toward their rest break. FMCSA requests public comments on the request for exemption. DATES: Comments must be received on or before June 1, 2015. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– 2015–0012 by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building, Ground Floor, Room W12– 140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number. For detailed instructions on submitting comments and additional information on the exemption process, see the Public Participation heading below. Note that all comments received will be posted without change to www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov at any time and in the box labeled ‘‘SEARCH for’’ enter PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 FMCSA–2015–0012 and click on the tab labeled ‘‘SEARCH.’’ 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. Public Participation: The Federal eRulemaking Portal is available 24 hours each day, 365 days each year. You can get electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the Federal eRulemaking Portal Web site. If you want us to notify you that we received your comments, please include a selfaddressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments online. FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614–942–6477; Email: MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from 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 the safety analyses and the public comments, 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 reason for the grant or denial, and, if granted, the specific person or class of persons receiving the exemption, and the regulatory provision or provisions from which exemption is granted. The notice must also specify the effective period of the exemption (up to 2 years), and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). E:\FR\FM\01MYN1.SGM 01MYN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices Request for Exemption Under 49 CFR 172.800–804, administered by PHMSA, carriers of certain security-sensitive HM must develop special plans that account for personnel, cargo, and en route security. Although not mandatory, ‘‘constant attendance’’ of the cargo is included by most carriers in their security plans. ‘‘Constant attendance’’ on a CMV is considered ‘‘on duty time,’’ as defined in 49 CFR 395.2. However, CMV drivers are subject to rest break requirements in Section 395.3(a)(3)(ii), which prohibit them from driving a CMV if more than 8 consecutive hours have passed since the driver’s last off-duty or sleeper-berth period of 30 minutes or more. Drivers who are required by their carrier’s HM security plan to maintain constant onduty attendance on the CMV whenever stopped, cannot also comply with the off-duty rest break requirement of Section 395.3(a)(3)(ii). Section 397.5 requires drivers transporting cargo classified as Division 1.1, 1.2, or 1.3 (explosive) materials to attend the cargo at all times. There is no regulatory conflict for these drivers, however, because Section 395.1(q) specifically allows them to count up to 30 minutes of their on-duty attendance time toward the rest break requirement, provided that they perform no other onduty activities during that period. ATA initially asked FMCSA ‘‘to clarify that drivers can exercise constant attendance over a vehicle without having to remain on duty.’’ After discussion with Agency officials, however, ATA agreed that its request should be treated as an exemption application. All correspondence on this issue has been placed in the docket listed at the beginning of this notice. The exemption request has been filed on behalf of all carriers whose drivers transport HM loads requiring placarding under 49 CFR part 172, subpart F, or select agents and toxins identified in Section 172.800(b)(13) that do not require placarding, and who have filed security plans requiring constant attendance of HM in accordance with Sections 172.800–804. The HM load being transported would not itself have to come under the provisions of Sections 172.800–804, because it would be too difficult for drivers and enforcement officials to determine at roadside whether Sections 182.800–804 applied to any individual load. Only drivers operating under the authority of carriers that have filed security plans under Sections 172.800–804 and who are transporting loads that require placarding or contain a select agent or toxin identified in Section VerDate Sep<11>2014 18:14 Apr 30, 2015 Jkt 235001 172.800(b)(13) would be eligible for this exemption. Drivers operating under this exemption could count up to 30 minutes of their on-duty attendance time toward a required rest break, provided that they perform no other onduty activities during the rest-break period. The driver would be required to annotate the record of duty status (‘‘log book’’) to show the time claimed as a rest break was on-duty time because he/ she was required to follow the carrier’s security plan, which in turn required ‘‘attendance’’ on an HM load. It should be noted that a carrier or driver would have no reason to claim to be operating under this exemption unless it was necessary to do so to avoid a regulatory conflict. While under the exemption, if granted, the driver’s restbreak time would be on-duty and count against the 60 or 70-hour on-duty limit. A rest break taken without using this exemption would be off-duty and not be included in the 60/70 hour limit. ATA contends that allowing these drivers to count up to 30 minutes of their attendance time toward a required rest break, provided they perform no other on-duty activities during the break, would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation because the attendance duty would be unlikely to contribute to driver fatigue. ATA further contends that allowing these drivers to count up to 30 minutes of their attendance time toward a required rest break would provide security benefits superior to the current practices. Request for Comments In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA requests public comment on ATA’s application for an exemption from the rest-break requirements of Section 395.3(a)(3)(ii). The Agency will consider all comments received by close of business on June 1, 2015. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. To the extent practicable, the Agency will consider comments received in the public docket after the closing date of the comment period. Issued on: April 22, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–10200 Filed 4–30–15; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 25005 DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2015–0045] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel MOKULANI; Invitation for Public Comments Maritime Administration, Department of Transportation. ACTION: Notice. AGENCY: As authorized by 46 U.S.C. 12121, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before June 1, 2015. ADDRESSES: Comments should refer to docket number MARAD–2015–0045. Written comments may be submitted by hand or by mail to the Docket Clerk, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. You may also send comments electronically via the Internet at http://www.regulations.gov. All comments will become part of this docket and will be available for inspection and copying at the above address between 10 a.m. and 5 p.m., E.T., Monday through Friday, except federal holidays. An electronic version of this document and all documents entered into this docket is available on the World Wide Web at http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Linda Williams, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE., Room W23–453, Washington, DC 20590. Telephone 202– 366–0903, Email Linda.Williams@ dot.gov. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel MOKULANI is: Intended Commercial Use of Vessel: Half day sailing tours, 6 pack. Geographic Region: ‘‘Hawaii.’’ The complete application is given in DOT docket MARAD–2015–0045 at http://www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.SUMMARY: E:\FR\FM\01MYN1.SGM 01MYN1

Agencies

[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Notices]
[Pages 25004-25005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10200]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0012]


Hours of Service of Drivers: Application for Exemption; American 
Trucking Associations, Inc.

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

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

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

SUMMARY: FMCSA announces that the American Trucking Associations, Inc. 
(ATA) has applied for an exemption from the Federal hours-of-service 
(HOS) regulations that prohibit commercial motor vehicle (CMV) drivers 
from driving a CMV if more than 8 consecutive hours have passed since 
the driver's last off-duty or sleeper-berth period of 30 minutes or 
more. ATA is requesting the exemption on behalf of all motor carriers 
that transport hazardous materials (HM) shipments requiring security 
plans under regulations of the Pipeline and Hazardous Materials Safety 
Administration (PHMSA). These plans normally require a driver to 
``attend'' such cargo while the CMV is stopped, which would be an on-
duty activity. This forces drivers to choose between FMCSA's off-duty 
rest break requirement and compliance with PHMSA's security plans, many 
of include an on-duty ``attendance'' requirement. ATA proposes that 
drivers transporting HM for motor carriers required to file security 
plans be allowed to count their on-duty ``attendance'' time for any HM 
cargo toward the required 30-minute rest break requirement, provided 
the drivers perform no other on-duty activity. The exemption would thus 
resemble Section 397.7, which requires drivers transporting certain 
explosives constantly to ``attend'' their load, while Section 395.1(q) 
allows them to count ``attendance'' time toward their rest break. FMCSA 
requests public comments on the request for exemption.

DATES: Comments must be received on or before June 1, 2015.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2015-0012 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov at any time and in the box 
labeled ``SEARCH for'' enter FMCSA-2015-0012 and click on the tab 
labeled ``SEARCH.''
    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.
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal Web site. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, FMCSA Driver 
and Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 614-942-6477; Email: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from 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 the safety analyses and the public comments, 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 reason for the grant or denial, and, if granted, 
the specific person or class of persons receiving the exemption, and 
the regulatory provision or provisions from which exemption is granted. 
The notice must also specify the effective period of the exemption (up 
to 2 years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

[[Page 25005]]

Request for Exemption

    Under 49 CFR 172.800-804, administered by PHMSA, carriers of 
certain security-sensitive HM must develop special plans that account 
for personnel, cargo, and en route security. Although not mandatory, 
``constant attendance'' of the cargo is included by most carriers in 
their security plans.
    ``Constant attendance'' on a CMV is considered ``on duty time,'' as 
defined in 49 CFR 395.2. However, CMV drivers are subject to rest break 
requirements in Section 395.3(a)(3)(ii), which prohibit them from 
driving a CMV if more than 8 consecutive hours have passed since the 
driver's last off-duty or sleeper-berth period of 30 minutes or more. 
Drivers who are required by their carrier's HM security plan to 
maintain constant on-duty attendance on the CMV whenever stopped, 
cannot also comply with the off-duty rest break requirement of Section 
395.3(a)(3)(ii).
    Section 397.5 requires drivers transporting cargo classified as 
Division 1.1, 1.2, or 1.3 (explosive) materials to attend the cargo at 
all times. There is no regulatory conflict for these drivers, however, 
because Section 395.1(q) specifically allows them to count up to 30 
minutes of their on-duty attendance time toward the rest break 
requirement, provided that they perform no other on-duty activities 
during that period.
    ATA initially asked FMCSA ``to clarify that drivers can exercise 
constant attendance over a vehicle without having to remain on duty.'' 
After discussion with Agency officials, however, ATA agreed that its 
request should be treated as an exemption application. All 
correspondence on this issue has been placed in the docket listed at 
the beginning of this notice. The exemption request has been filed on 
behalf of all carriers whose drivers transport HM loads requiring 
placarding under 49 CFR part 172, subpart F, or select agents and 
toxins identified in Section 172.800(b)(13) that do not require 
placarding, and who have filed security plans requiring constant 
attendance of HM in accordance with Sections 172.800-804. The HM load 
being transported would not itself have to come under the provisions of 
Sections 172.800-804, because it would be too difficult for drivers and 
enforcement officials to determine at roadside whether Sections 
182.800-804 applied to any individual load. Only drivers operating 
under the authority of carriers that have filed security plans under 
Sections 172.800-804 and who are transporting loads that require 
placarding or contain a select agent or toxin identified in Section 
172.800(b)(13) would be eligible for this exemption. Drivers operating 
under this exemption could count up to 30 minutes of their on-duty 
attendance time toward a required rest break, provided that they 
perform no other on-duty activities during the rest-break period.
    The driver would be required to annotate the record of duty status 
(``log book'') to show the time claimed as a rest break was on-duty 
time because he/she was required to follow the carrier's security plan, 
which in turn required ``attendance'' on an HM load.
    It should be noted that a carrier or driver would have no reason to 
claim to be operating under this exemption unless it was necessary to 
do so to avoid a regulatory conflict. While under the exemption, if 
granted, the driver's rest-break time would be on-duty and count 
against the 60 or 70-hour on-duty limit. A rest break taken without 
using this exemption would be off-duty and not be included in the 60/70 
hour limit.
    ATA contends that allowing these drivers to count up to 30 minutes 
of their attendance time toward a required rest break, provided they 
perform no other on-duty activities during the break, would likely 
achieve a level of safety equivalent to, or greater than, the level 
that would be achieved by the current regulation because the attendance 
duty would be unlikely to contribute to driver fatigue. ATA further 
contends that allowing these drivers to count up to 30 minutes of their 
attendance time toward a required rest break would provide security 
benefits superior to the current practices.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on ATA's application for an exemption from the 
rest-break requirements of Section 395.3(a)(3)(ii). The Agency will 
consider all comments received by close of business on June 1, 2015.
    Comments will be available for examination in the docket at the 
location listed under the ADDRESSES section of this notice. To the 
extent practicable, the Agency will consider comments received in the 
public docket after the closing date of the comment period.

     Issued on: April 22, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-10200 Filed 4-30-15; 8:45 am]
 BILLING CODE 4910-EX-P