Hours of Service of Drivers: U.S. Department of Energy (DOE); Application for Renewal of Exemption, 35703-35705 [2015-15177]

Download as PDF Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices to Neisseria meningitis. The visual acuity in his right eye is 20/20, and in his left eye, no light perception. Following an examination in 2014, his optometrist stated, ‘‘It is my understanding that Mr. Kyle Sharp presently operates a commercial vehicle. . . I found no evidence at his vision exam of a progressive type of ocular condition that would adversely effect [sic] his current vision status or performance.’’ Mr. Sharp reported that he has driven straight trucks for 15 years, accumulating 150,000 miles, and tractor-trailer combinations for 15 years, accumulating 75,000 miles. He holds a Class CA CDL from Michigan. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. tkelley on DSK3SPTVN1PROD with NOTICES Francis A. St. Pierre Mr. St. Pierre, 51, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, counting fingers. Following an examination in 2014, his optometrist stated, ‘‘It is my medical opinion that Mr. St. Pierre has sufficient vision to operate a vehicle, commercial or otherwise, as his condition is congenital and he has adapted to using his right eye for his good central vision while using both eyes for his peripheral vision.’’ Mr. St. Pierre reported that he has driven straight trucks for 30 years, accumulating 420,000 miles, and tractor-trailer combinations for 22 years, accumulating 242,000 miles. He holds a Class AMC CDL from New Hampshire. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Sukru Tamirci Mr. Tamirci, 50, has a cataract, mydriasis, and posterior senechiae in his right eye due to a traumatic incident in 1994. The visual acuity in his right eye is hand motion, and in his left eye, 20/20. Following an examination in 2014, his ophthalmologist stated, ‘‘In my medical opinion, he has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Tamirci reported that he has driven straight trucks for three years, accumulating 504,000 miles, and buses for seven years, accumulating 910,000 miles. He holds an operator’s license from New York. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. George F. Treece Mr. Treece, 59, has had a retinal scar in his left eye since childhood. The visual acuity in his right eye is 20/20, VerDate Sep<11>2014 17:45 Jun 19, 2015 Jkt 235001 and in his left eye, 20/200. Following an examination in 2015, his optometrist stated, ‘‘In my opinion, Mr. Treece has proven historically his ability to operate a commercial vehicle and also demonstrates sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Treece reported that he has driven straight trucks for 3 years, accumulating 1,500 miles, and tractor-trailer combinations for 17 years, accumulating 476,000 miles. He holds a Class AM CDL from Illinois. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Jeff L. Wheeler Mr. Wheeler, 50, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/50. Following an examination in 2015, his optometrist stated, ‘‘I feel that Mr. Wheeler has adequate vision to operate a commercial vehicle and has been doing so for a number of years.’’ Mr. Wheeler reported that he has driven tractor-trailer combinations for 25 years, accumulating 2.5 million miles. He holds a Class A CDL from Iowa. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. III. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to https://www.regulations.gov and put the docket number FMCSA–2015–0052 in the ‘‘Keyword’’ box, and click ‘‘Search. When the new screen appears, click on ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. . If you submit your PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 35703 comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may change this notice based on your comments. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov and insert the docket number FMCSA–2015–0052 in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ button and choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Issued on: June 9, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–15208 Filed 6–19–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0370] Hours of Service of Drivers: U.S. Department of Energy (DOE); Application for Renewal of 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 Energy’s (DOE) request 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. The exemption will enable DOE’s contract motor carriers and their employee-drivers transporting security-sensitive radioactive materials to be treated the same as drivers transporting explosives. The exempted drivers will be allowed to use 30 minutes or more of on-duty ‘‘attendance time’’ to meet the HOS rest SUMMARY: E:\FR\FM\22JNN1.SGM 22JNN1 35704 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices break requirements providing they do not perform any other work during the break. This exemption is effective from June 30, 2015 through June 30, 2017. DATES: Mrs. Pearlie Robinson, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202–366–4325, Email: MCPSD@dot.gov, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. Docket. For access to the docket to read background documents or comments submitted to notice requesting public comments on the exemption application, 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 Federal document management system is available 24 hours each day, 365 days each year. The docket number is listed at the beginning of this notice. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with NOTICES Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, 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)). VerDate Sep<11>2014 17:45 Jun 19, 2015 Jkt 235001 Request for Exemption Under 49 CFR 395.3(a)(3)(ii), a property-carrying CMV driver is prohibited from operating a CMV on a public road if more than eight hours have passed since the end of the driver’s last off duty or sleeper-berth period of at least 30 minutes. The initial DOE exemption application for relief from the HOS rule was submitted in 2012; a copy of that application is in the docket. That application fully described the nature of DOE’s security-sensitive operations. On May 31, 2013, the Agency granted DOE’s current exemption [78 FR 32700]. That exemption expires on June 30, 2015. Certain motor carriers under contract to DOE transport ‘‘security-sensitive radioactive materials.’’ DOE requested a renewal of an exemption from the HOS regulation pertaining to rest breaks [49 CFR 395.3(a)(3)(ii)] to allow contract driver-employees transporting securitysensitive radioactive materials to be treated the same as drivers transporting explosives, as provided in § 395.1(q). Section 395.1(q) allows drivers of CMVs carrying Division 1.1, 1.2, or 1.3 explosives who are subject to the requirement for a 30-minute off-duty rest break in § 395.3(a)(3)(ii) to use 30 minutes or more of on-duty ‘‘attendance time’’ to meet the requirement for a rest break, provided they perform no other work. In its exemption request, DOE contended that shipments of securitysensitive radioactive materials require a team of two drivers and the use of a sleeper berth to minimize risk and expedite delivery in a safe and secure manner. DOE asserted that granting the exemption would allow team drivers to manage their enroute rest periods efficiently and also perform mandated shipment security surveillance, resulting in a safe and secure driving performance during a long distance trip. DOE states that it has instituted several technical and administrative controls to ensure the effective use of driver on-duty and rest-break time, which would remain in effect under the requested exemption. They include the following: • Real-time tracking and monitoring of transuranic waste and securitysensitive shipments using DOE’s satellite-based systems. • Use of electronic on-board recorders on trucks, which is contractually required for motor carriers involved in the Waste Isolation Pilot Plant to ensure compliance with driver HOS rules. • Continuous monitoring of the safety performance of DOE-qualified motor PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 carriers using the FMCSA Compliance Safety Accountability Program’s Safety Measurement System, and DOE’s Motor Carrier Evaluation Program. Further details regarding DOE’s safety controls can be found in its application for exemption, which can be accessed in the docket identified at the beginning of this notice. DOE contends that these controls enable it to achieve a high level of safety and security for transportation of security-sensitive radioactive materials. DOE anticipates no safety impacts from this exemption and notes that in the preamble to the FMCSA final rule on the ‘‘Hours of Service of Drivers,’’ dated December 27, 2011 (76 FR 81134), the Agency addressed concerns from commenters regarding rest breaks for carriers of hazardous materials. The Agency cited a recent study showing that on-duty breaks reduce the risk of crashes after the break (76 FR 81154). DOE believes that its contract employee drivers should continue to be allowed to follow the requirements in § 395.1(q) when transporting shipments of security-sensitive radioactive materials. DOE believes that shipments made under the exemption would achieve a level of safety and security that is at least equivalent to that which would be obtained by following the normal break requirement in § 395.3(a)(3)(ii). DOE estimated that 30 power units and 53 drivers would currently be eligible for the exemption, if renewed. The exemption will be effective from June 30, 2015 through June 30, 2017, the maximum period allowed by § 381.300. A copy of DOE’s exemption application is available for review in the docket for this notice. Public Comments On March 27, 2015, FMCSA published notice of this application, and asked for public comment (80 FR 16506). There were no comments submitted to the docket. FMCSA Decision The FMCSA has evaluated DOE’s application for renewal of the exemption. The Agency believes that DOE’s contract carriers will likely achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption [49 CFR 381.305(a)]. Terms of the Exemption Period of the Exemption The exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is granted for the period from 12:01 a.m., June 30, E:\FR\FM\22JNN1.SGM 22JNN1 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices 2015, through 11:59 p.m. on June 30, 2017. exemption for failure to comply with its terms and conditions. Extent of the Exemption Issued on: June 8, 2015. T. F. Scott Darling, III, Chief Counsel. The exemption is restricted to DOE’s contract driver-employees transporting security-sensitive radioactive materials. This exemption is limited to the provisions of 49 CFR 395.3(a)(3)(ii) to allow contract driver-employees transporting security-sensitive radioactive materials to be treated the same as drivers transporting explosives, as provided in § 395.1(q). These drivers must comply with all other applicable provisions of the FMCSRs. Preemption In accordance with 49 U.S.C. 31315(d), during the period this exemption is in effect, no State shall enforce any law or regulation that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. Notification to FMCSA The DOE must notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5), involving any of the motor carrier’s CMVs operating under the terms of this exemption. The notification must include the following information: a. Exemption Identity: ‘‘DOE’’ b. Name of operating motor carrier and USDOT number, c. Date of the accident, d. City or town, and State, in which the accident occurred, or closest to the accident scene, e. Driver’s name and driver’s license number and State of issuance, f. Vehicle number and State license plate number, g. Number of individuals suffering physical injury, h. Number of fatalities, i. The police-reported cause of the accident, j. Whether the driver was cited for violation of any traffic laws or motor carrier safety regulations, and k. 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. tkelley on DSK3SPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 17:45 Jun 19, 2015 Jkt 235001 [FR Doc. 2015–15177 Filed 6–19–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0061] 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 51 individuals for exemption 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 July 22, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2015–0061 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: 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 numbers for this notice. Note that all comments received will be posted without change to https:// 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 https:// DATES: PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 35705 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 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 51 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. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. II. Qualifications of Applicants Timothy G. Baker Mr. Baker, 64, has had ITDM since 2011. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function E:\FR\FM\22JNN1.SGM 22JNN1

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Notices]
[Pages 35703-35705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15177]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0370]


Hours of Service of Drivers: U.S. Department of Energy (DOE); 
Application for Renewal of Exemption

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

ACTION: Notice of final disposition; grant of application for 
exemption.

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

SUMMARY: FMCSA announces its decision to grant the U.S. Department of 
Energy's (DOE) request 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. The exemption 
will enable DOE's contract motor carriers and their employee-drivers 
transporting security-sensitive radioactive materials to be treated the 
same as drivers transporting explosives. The exempted drivers will be 
allowed to use 30 minutes or more of on-duty ``attendance time'' to 
meet the HOS rest

[[Page 35704]]

break requirements providing they do not perform any other work during 
the break.

DATES: This exemption is effective from June 30, 2015 through June 30, 
2017.

FOR FURTHER INFORMATION CONTACT: Mrs. Pearlie Robinson, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325, Email: MCPSD@dot.gov, 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590-0001.
    Docket. For access to the docket to read background documents or 
comments submitted to notice requesting public comments on the 
exemption application, 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 on-line Federal document 
management system is available 24 hours each day, 365 days each year. 
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION: 

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. FMCSA must publish a notice of each exemption request in 
the Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

Request for Exemption

    Under 49 CFR 395.3(a)(3)(ii), a property-carrying CMV driver is 
prohibited from operating a CMV on a public road if more than eight 
hours have passed since the end of the driver's last off duty or 
sleeper-berth period of at least 30 minutes.
    The initial DOE exemption application for relief from the HOS rule 
was submitted in 2012; a copy of that application is in the docket. 
That application fully described the nature of DOE's security-sensitive 
operations. On May 31, 2013, the Agency granted DOE's current exemption 
[78 FR 32700]. That exemption expires on June 30, 2015.
    Certain motor carriers under contract to DOE transport ``security-
sensitive radioactive materials.'' DOE requested a renewal of an 
exemption from the HOS regulation pertaining to rest breaks [49 CFR 
395.3(a)(3)(ii)] to allow contract driver-employees transporting 
security-sensitive radioactive materials to be treated the same as 
drivers transporting explosives, as provided in Sec.  395.1(q). Section 
395.1(q) allows drivers of CMVs carrying Division 1.1, 1.2, or 1.3 
explosives who are subject to the requirement for a 30-minute off-duty 
rest break in Sec.  395.3(a)(3)(ii) to use 30 minutes or more of on-
duty ``attendance time'' to meet the requirement for a rest break, 
provided they perform no other work.
    In its exemption request, DOE contended that shipments of security-
sensitive radioactive materials require a team of two drivers and the 
use of a sleeper berth to minimize risk and expedite delivery in a safe 
and secure manner. DOE asserted that granting the exemption would allow 
team drivers to manage their enroute rest periods efficiently and also 
perform mandated shipment security surveillance, resulting in a safe 
and secure driving performance during a long distance trip.
    DOE states that it has instituted several technical and 
administrative controls to ensure the effective use of driver on-duty 
and rest-break time, which would remain in effect under the requested 
exemption. They include the following:
     Real-time tracking and monitoring of transuranic waste and 
security-sensitive shipments using DOE's satellite-based systems.
     Use of electronic on-board recorders on trucks, which is 
contractually required for motor carriers involved in the Waste 
Isolation Pilot Plant to ensure compliance with driver HOS rules.
     Continuous monitoring of the safety performance of DOE-
qualified motor carriers using the FMCSA Compliance Safety 
Accountability Program's Safety Measurement System, and DOE's Motor 
Carrier Evaluation Program.
    Further details regarding DOE's safety controls can be found in its 
application for exemption, which can be accessed in the docket 
identified at the beginning of this notice. DOE contends that these 
controls enable it to achieve a high level of safety and security for 
transportation of security-sensitive radioactive materials.
    DOE anticipates no safety impacts from this exemption and notes 
that in the preamble to the FMCSA final rule on the ``Hours of Service 
of Drivers,'' dated December 27, 2011 (76 FR 81134), the Agency 
addressed concerns from commenters regarding rest breaks for carriers 
of hazardous materials. The Agency cited a recent study showing that 
on-duty breaks reduce the risk of crashes after the break (76 FR 
81154).
    DOE believes that its contract employee drivers should continue to 
be allowed to follow the requirements in Sec.  395.1(q) when 
transporting shipments of security-sensitive radioactive materials. DOE 
believes that shipments made under the exemption would achieve a level 
of safety and security that is at least equivalent to that which would 
be obtained by following the normal break requirement in Sec.  
395.3(a)(3)(ii).
    DOE estimated that 30 power units and 53 drivers would currently be 
eligible for the exemption, if renewed. The exemption will be effective 
from June 30, 2015 through June 30, 2017, the maximum period allowed by 
Sec.  381.300. A copy of DOE's exemption application is available for 
review in the docket for this notice.

Public Comments

    On March 27, 2015, FMCSA published notice of this application, and 
asked for public comment (80 FR 16506). There were no comments 
submitted to the docket.

FMCSA Decision

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

Terms of the Exemption

Period of the Exemption

    The exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is 
granted for the period from 12:01 a.m., June 30,

[[Page 35705]]

2015, through 11:59 p.m. on June 30, 2017.

Extent of the Exemption

    The exemption is restricted to DOE's contract driver-employees 
transporting security-sensitive radioactive materials. This exemption 
is limited to the provisions of 49 CFR 395.3(a)(3)(ii) to allow 
contract driver-employees transporting security-sensitive radioactive 
materials to be treated the same as drivers transporting explosives, as 
provided in Sec.  395.1(q). These drivers must comply with all other 
applicable provisions of the FMCSRs.

Preemption

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

Notification to FMCSA

    The DOE must notify FMCSA within 5 business days of any accident 
(as defined in 49 CFR 390.5), involving any of the motor carrier's CMVs 
operating under the terms of this exemption. The notification must 
include the following information:
    a. Exemption Identity: ``DOE''
    b. Name of operating motor carrier and USDOT number,
    c. Date of the accident,
    d. City or town, and State, in which the accident occurred, or 
closest to the accident scene,
    e. Driver's name and driver's license number and State of issuance,
    f. Vehicle number and State license plate number,
    g. Number of individuals suffering physical injury,
    h. Number of fatalities,
    i. The police-reported cause of the accident,
    j. Whether the driver was cited for violation of any traffic laws 
or motor carrier safety regulations, and
    k. 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: June 8, 2015.
T. F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-15177 Filed 6-19-15; 8:45 am]
BILLING CODE 4910-EX-P
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