Hours of Service of Drivers: Application for Exemption; American Trucking Associations, Inc., 50912-50914 [2015-20686]
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50912
Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices
Observation #13
The team identified a concern about
TxDOT’s approach to training and its
training plan. Information gained in
interviews indicated that the initial
TxDOT training plan relied heavily on
a training model employed by the
California Department of Transportation
(Caltrans), because Caltrans is the only
State that has assumed NEPA
responsibilities for the entire highway
program. The FHWA does not believe
the Caltrans training model can
replicate its current form to meet the
needs of TxDOT, because TxDOT has
fewer NEPA staff, State environmental
laws that differ in scope, and a different
business ‘‘culture.’’ There are other
States (Idaho, Michigan, North Dakota,
Ohio, and Wyoming) that have
established training plans that TxDOT
could draw upon as examples. These
examples may benefit TxDOT and
TxDOT should consider evaluating
components of these State’s training
plans in their future annual updates of
their own training plan.
Observation #14
The team found evidence that some
aspects of training tasks were either
unattended and/or appear to have been
forgotten based on the training plan
information provided to the team. The
TxDOT has a section of their Web site
devoted to training, that the team
learned from interviews, is out of date.
Some courses are no longer taught and
several classes are in need of updating,
all of which provided for training of
non-TxDOT staff (i.e. local governments
and consultants). The team urges
TxDOT to assess whether the proposed
training approach for non-TxDOT staff
(relying heavily upon the annual
environmental conference) is adequate
and responsive enough to address a
need to quickly disseminate newly
developed procedures and policy.
rmajette on DSK7SPTVN1PROD with NOTICES
Observation #15
The TxDOT training plan is currently
silent on whether certain subjects and
topics are mandatory or required for
certain job responsibilities. The TxDOT
staff told the team they would be
developing a ‘‘progressive training
plan’’ that will identify the range of
training necessary for each job
classification. District Environmental
Coordinators, and particularly District
managers who allocated training
resources, indicated in interviews that
they needed to know which training
was required for various TxDOT job
categories, to set budgeting priorities.
The team recognized the important
connection between getting District staff
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15:07 Aug 20, 2015
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trained and a clear statement whether
training was required for a certain job.
Due to the connection potentially being
tenuous, this may explain the
inconsistency the team heard in
interview responses to questions on
training commitments from District
managers. The team suggests that the
progressive training plan clearly
identify training required for each job
classification.
Observation #16
From the perspective of the MOU,
training planning and implementation is
a partnership effort amongst TxDOT,
FHWA, and other agencies. Training
should be an ongoing task that follows
an up-to-date and mid-to-long range
training plan. The current training plan
includes mostly TxDOT self-identified
training needs and addresses those
needs. The MOU (Part 12.2) allows for
3 months after the MOU is executed, to
develop a training plan in consultation
with FHWA and other agencies. The
TxDOT has committed in the MOU to
consider the recommendations of
agencies in determining training needs,
and to determine with FHWA, the
required training in the training plan
MOU (Part 12.2). The TxDOT
considered and will address the specific
comments from the U.S. Army Corps of
Engineers in the current training plan.
However, the team learned through
interviews that individuals responsible
for training planning were unaware of
the coordination between TxDOT
subject matter experts and other
agencies related to training. It may be
useful for the TxDOT training
coordinator to be fully involved and
aware of the range of coordination other
TxDOT staff performs so that the
training plan benefits from this
coordination.
Next Steps
The FHWA provided this draft audit
report to TxDOT for a 14-day review
and comment period. The team has
considered TxDOT comments in
developing this draft audit report. As
the next step, FHWA will publish a
notice in the Federal Register to make
it available to the public and for a 30day comment period review [23 U.S.C.
327(g)]. No later than 60 days after the
close of the comment period, FHWA
will respond to all comments submitted
in finalizing this draft audit report
[pursuant to 23 U.S.C. 327(g)(B)]. Once
finalized, the audit report will be
published in the Federal Register.
[FR Doc. 2015–20733 Filed 8–20–15; 8:45 am]
BILLING CODE 4910–22–P
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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.
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
FMCSA announces its
decision to grant motor carriers
transporting security-sensitive
hazardous materials (HM) requiring a
security plan 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. American
Trucking Associations, Inc. (ATA)
requested the exemption on behalf of all
motor carriers that transport certain 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
is an on-duty activity under the HOS
rules. Exempt drivers may now count
their on-duty attendance of HM cargo
toward the required 30-minute rest
break requirement provided they
perform no other on-duty activity. This
exemption parallels § 395.1(q) of the
Federal Motor Carrier Safety
Regulations (FMCSRs) that allows
drivers who are attending loads of
certain explosives to count on-duty
attendance time toward their rest break
so long as they engage in no other onduty activity.
DATES: The exemption is effective
August 21, 2015 and expires on August
21, 2017.
FOR FURTHER INFORMATION CONTACT:
Thomas L. Yager, Chief, 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 the FMCSRs. FMCSA must publish
a notice of each exemption request in
the Federal Register (49 CFR
381.315(a)). The Agency must provide
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Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices
rmajette on DSK7SPTVN1PROD 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 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)).
Driver Attendance and Rest Breaks
Some shipments of property by CMV
require that the vehicle be attended at
all times, such as shipments of
explosives, weapons, or radioactive
materials. Constant attendance of the
CMV may be explicitly required by
Federal or State law, or by the terms of
the shipment contract. For example,
Section 397.5 of the FMCSRs requires
drivers transporting cargo classified as
Division 1.1, 1.2, or 1.3 (explosive)
materials to attend the cargo at all times.
On December 27, 2011, FMCSA
published a final rule amending the
HOS rules (76 FR 81134). The Agency
added a new requirement that drivers
obtain a rest break: ‘‘After June 30, 2013,
driving is not permitted if more than 8
hours have passed since the end of the
driver’s last off-duty or sleeper-berth
period of at least 30 minutes.’’
(§ 395.3(a)(3)(ii)). Thus, drivers must
expand a fueling stop or other break to
ensure that they go off duty (or into the
sleeper berth) for at least 30 consecutive
minutes to satisfy this requirement. The
drivers must make an entry on their
record of duty status (RODS) showing
the off-duty time.
By definition, on-duty time includes
all time ‘‘. . . [p]erforming any other
work in the capacity, employ, or service
of, a motor carrier’’ (§ 395.2). A driver
attending a CMV is on duty. During the
2011 HOS rulemaking, motor carriers of
hazardous materials identified the
conflict between HM attendance under
§ 397.5 and the rest-break requirement.
As a result, FMCSA included § 395.1(q)
in the 2011 HOS amendments. This
section permits drivers who are
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15:07 Aug 20, 2015
Jkt 235001
attending a motor vehicle transporting
Division 1.1–1.3 explosives, but
performing no other work, to log a
period of at least 30 consecutive
minutes of the time spent attending the
CMV toward the break. The driver
annotates his log to indicate when the
§ 395.1(q) break was taken. The time is
on-duty time, and counts against the
driver’s maximum time on duty of 60
hours in 7 days (in some cases, 70 hours
in 8 days).
Request for Exemption
Another Federal agency, PHMSA,
requires motor carriers transporting
materials requiring placarding under 49
CFR part 172, subpart F, or certain
agents and toxins identified in
§ 172.800(b)(13) that do not require
placarding, to develop special plans that
account for personnel, cargo, and en
route security (49 CFR 172.800–804).
Most carriers include constant
attendance on cargo in these security
plans. Because attendance on a CMV is
considered on-duty time under the HOS
rules, drivers who are required by their
carrier’s HM security plan to attend the
CMV at all times cannot go off duty to
satisfy the HOS rest-break requirement.
ATA filed this exemption request on
behalf of all motor carriers whose
drivers transport HM loads subject to
the PHMSA security plan requirement.
ATA asserts that allowing these drivers
to count up to 30 minutes of their
attendance time as the required rest
break if 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. It
asserts that attendance is unlikely to
contribute to driver fatigue and that
allowing these drivers to maintain their
attendance of these loads provides
better security than if the driver has to
leave the vehicle to obtain 30 minutes
off duty.
Public Comments
The FMCSA published a notice
announcing and requesting public
comment on ATA’s exemption request
on May 1, 2015 (80 FR 25004). Thirteen
comments were submitted. Three
individuals expressed concern that the
exemption was only of value to large
trucking firms and that the Agency
should deny all applications for
exemption. Advocates for Highway and
Auto Safety thought the exemption was
overly broad, permitting motor carriers
engaged in qualifying HM shipments to
use the exemption for their shipments of
non-HM cargo. Several trade groups and
two drivers favored the application as a
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50913
necessary solution to a regulatory
dilemma.
FMCSA Response
FMCSA has evaluated ATA’s
application for exemption and the
public comments submitted. Opponents
of the exemption did not address the
regulatory dilemma described in the
application for exemption and echoed
by the comments of drivers and trade
organizations supporting the exemption.
The Agency finds the arguments in
favor of the exemption persuasive.
FMCSA believes it has designed terms
and conditions for this exemption
sufficient to relieve this dilemma while
preventing its abuse. Motor carriers may
only use this exemption when their
drivers are actually transporting HM
that requires placarding or includes a
select agent or toxin identified in
§ 172.800(b)(13), and for which a
security plan has been filed under
§§ 172.800–804. If a driver is not
transporting qualifying HM materials,
he or she is not entitled to substitute
attendance for the required off-duty
break. Drivers operating under this
exemption may count up to 30 minutes
of their on-duty attendance time toward
a required rest break, if they perform no
other on-duty activities during the restbreak period.
It should be noted that there is no
motive for a driver or carrier to claim
this exemption when not entitled to it.
A driver who is not required to
constantly attend his or her vehicle
must take the minimum 30-minute rest
break as off-duty time, which does not
count against the 7 or 8-day limit of 60
or 70 hours on-duty. A driver claiming
this exemption unnecessarily would be
required to take the same rest breaks,
but would be on-duty and the time
would count against the 60 or 70-hour
limit.
FMCSA Decision
In consideration of the above, FMCSA
has determined that it is appropriate to
provide a two-year exemption from the
30-minute break requirement for carriers
whose drivers transport HM loads
requiring placarding under 49 CFR part
172, subpart F, or select agents and
toxins identified in § 172.800(b)(13) that
do not require placarding, and who have
filed security plans requiring constant
attendance of HM in accordance with
§§ 172.800–804. Drivers must annotate
their RODS to show the on-duty time
claimed as a rest break to satisfy a
security plan requiring attendance of
HM loads.
Under these terms and conditions
described below, the application for
exemption is likely to achieve a level of
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50914
Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices
safety that is equivalent to, or greater
than, the level that would be achieved
absent such exemption. Motor carriers
utilizing the exemption will be required
to report any accidents, as defined in 49
CFR 390.5, to FMCSA. The exemption is
eligible for renewal at the end of the
two-year period.
Terms and Conditions of the Exemption
Extent of the Exemption
This exemption is limited to drivers
transporting HM loads requiring
placarding under 49 CFR part 172,
subpart F, or select agents and toxins
identified in § 172.800(b)(13) that do not
require placarding, and who have filed
security plans requiring constant
attendance of HM in accordance with
§§ 172.800–804. This exemption is
limited to motor carriers that have a
‘‘satisfactory’’ safety rating or are
‘‘unrated’’; motor carriers with
‘‘conditional’’ or ‘‘unsatisfactory’’ safety
ratings are prohibited from utilizing this
exemption. Drivers must have a copy of
the exemption document in their
possession while operating under the
terms of the exemption and must
present it to law enforcement officials
upon request.
rmajette on DSK7SPTVN1PROD with NOTICES
Motor carriers must notify FMCSA by
email addressed to MCPSD@DOT.GOV
with 5 business days of any accident (as
defined in 49 CFR 390.5) that occurs
while its driver is operating under the
terms of this exemption. The
notification must include:
a. Identifier of the Exemption: ‘‘HM’’
b. Name of operating 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 license number,
f. Name of co-driver, if any, and
license number
g. Vehicle number and state license
number,
h. Number of individuals suffering
physical injury,
i. Number of fatalities,
j. The police-reported cause of the
accident,
k. Whether the driver was cited for
violation of any traffic laws, motor
carrier safety regulations, and
l. The total driving time and total onduty time prior to the accident.
Safety Oversight of Carriers Operating
Under the Exemption
FMCSA expects each motor carrier
operating under the terms and
conditions of this exemption to
15:07 Aug 20, 2015
Preemption
During the period the exemption is in
effect, no State may enforce any law or
regulation that conflicts with or is
inconsistent with this exemption with
respect to a person or entity operating
under the exemption [49 U.S.C.
31315(d)].
Issued on: August 6, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015–20686 Filed 8–20–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0268]
Accident Reporting
VerDate Sep<11>2014
maintain its safety record. However,
should safety deteriorate, FMCSA will,
consistent with the statutory
requirements of 49 U.S.C. 31315, take
all steps necessary to protect the public
interest. Authorization of the exemption
is discretionary, and FMCSA will
immediately revoke the exemption of
any motor carrier or driver for failure to
comply with the terms and conditions
of the exemption.
Jkt 235001
Agency Information Collection
Activities; Revision of a CurrentlyApproved Information Collection
Request: Motor Carrier Identification
Report
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
information.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for
review and approval and invites public
comment. The FMCSA requests
approval to revise an ICR entitled,
‘‘Motor Carrier Identification Report,’’
which is used to identify FMCSA
regulated entities, help prioritize the
agency’s activities, aid in assessing the
safety outcomes of those activities, and
for statistical purposes. This ICR is
being revised due to a Final Rule titled,
‘‘Unified Registration System,’’ (78 FR
52608) dated August 23, 2013 which
will require regulated entities to file for
registration via a new online Form
MCSA–1 and eliminate the Forms MCS–
150B and MCS–150C contained in the
ICR. The Form MCS–150 will be
retained for use by the small number of
Mexico-domiciled motor carriers that
SUMMARY:
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seek authority to operate beyond the
United States municipalities on the
United States-Mexico border and their
commercial zones because they are not
included within the scope of the
Unified Registration Final Rule.
DATES: We must receive your comments
on or before October 20, 2015.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2015–0268 using any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140, 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. 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
https://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 https://
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement for the Federal Docket
Management System published in the
Federal Register on January 17, 2008
(73 FR 3316), or you may visit https://
edocket.access.gpo.gov/2008/pdfE8794.pdf.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal Web site. If you
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]]>Agencies
[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Pages 50912-50914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20686]
-----------------------------------------------------------------------
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 final disposition; grant of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant motor carriers
transporting security-sensitive hazardous materials (HM) requiring a
security plan 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.
American Trucking Associations, Inc. (ATA) requested the exemption on
behalf of all motor carriers that transport certain 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
is an on-duty activity under the HOS rules. Exempt drivers may now
count their on-duty attendance of HM cargo toward the required 30-
minute rest break requirement provided they perform no other on-duty
activity. This exemption parallels Sec. 395.1(q) of the Federal Motor
Carrier Safety Regulations (FMCSRs) that allows drivers who are
attending loads of certain explosives to count on-duty attendance time
toward their rest break so long as they engage in no other on-duty
activity.
DATES: The exemption is effective August 21, 2015 and expires on August
21, 2017.
FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, 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 the FMCSRs. FMCSA must publish a notice of each
exemption request in the Federal Register (49 CFR 381.315(a)). The
Agency must provide
[[Page 50913]]
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)).
Driver Attendance and Rest Breaks
Some shipments of property by CMV require that the vehicle be
attended at all times, such as shipments of explosives, weapons, or
radioactive materials. Constant attendance of the CMV may be explicitly
required by Federal or State law, or by the terms of the shipment
contract. For example, Section 397.5 of the FMCSRs requires drivers
transporting cargo classified as Division 1.1, 1.2, or 1.3 (explosive)
materials to attend the cargo at all times.
On December 27, 2011, FMCSA published a final rule amending the HOS
rules (76 FR 81134). The Agency added a new requirement that drivers
obtain a rest break: ``After June 30, 2013, driving is not permitted if
more than 8 hours have passed since the end of the driver's last off-
duty or sleeper-berth period of at least 30 minutes.'' (Sec.
395.3(a)(3)(ii)). Thus, drivers must expand a fueling stop or other
break to ensure that they go off duty (or into the sleeper berth) for
at least 30 consecutive minutes to satisfy this requirement. The
drivers must make an entry on their record of duty status (RODS)
showing the off-duty time.
By definition, on-duty time includes all time ``. . . [p]erforming
any other work in the capacity, employ, or service of, a motor
carrier'' (Sec. 395.2). A driver attending a CMV is on duty. During
the 2011 HOS rulemaking, motor carriers of hazardous materials
identified the conflict between HM attendance under Sec. 397.5 and the
rest-break requirement. As a result, FMCSA included Sec. 395.1(q) in
the 2011 HOS amendments. This section permits drivers who are attending
a motor vehicle transporting Division 1.1-1.3 explosives, but
performing no other work, to log a period of at least 30 consecutive
minutes of the time spent attending the CMV toward the break. The
driver annotates his log to indicate when the Sec. 395.1(q) break was
taken. The time is on-duty time, and counts against the driver's
maximum time on duty of 60 hours in 7 days (in some cases, 70 hours in
8 days).
Request for Exemption
Another Federal agency, PHMSA, requires motor carriers transporting
materials requiring placarding under 49 CFR part 172, subpart F, or
certain agents and toxins identified in Sec. 172.800(b)(13) that do
not require placarding, to develop special plans that account for
personnel, cargo, and en route security (49 CFR 172.800-804). Most
carriers include constant attendance on cargo in these security plans.
Because attendance on a CMV is considered on-duty time under the HOS
rules, drivers who are required by their carrier's HM security plan to
attend the CMV at all times cannot go off duty to satisfy the HOS rest-
break requirement.
ATA filed this exemption request on behalf of all motor carriers
whose drivers transport HM loads subject to the PHMSA security plan
requirement. ATA asserts that allowing these drivers to count up to 30
minutes of their attendance time as the required rest break if 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. It asserts that
attendance is unlikely to contribute to driver fatigue and that
allowing these drivers to maintain their attendance of these loads
provides better security than if the driver has to leave the vehicle to
obtain 30 minutes off duty.
Public Comments
The FMCSA published a notice announcing and requesting public
comment on ATA's exemption request on May 1, 2015 (80 FR 25004).
Thirteen comments were submitted. Three individuals expressed concern
that the exemption was only of value to large trucking firms and that
the Agency should deny all applications for exemption. Advocates for
Highway and Auto Safety thought the exemption was overly broad,
permitting motor carriers engaged in qualifying HM shipments to use the
exemption for their shipments of non-HM cargo. Several trade groups and
two drivers favored the application as a necessary solution to a
regulatory dilemma.
FMCSA Response
FMCSA has evaluated ATA's application for exemption and the public
comments submitted. Opponents of the exemption did not address the
regulatory dilemma described in the application for exemption and
echoed by the comments of drivers and trade organizations supporting
the exemption. The Agency finds the arguments in favor of the exemption
persuasive. FMCSA believes it has designed terms and conditions for
this exemption sufficient to relieve this dilemma while preventing its
abuse. Motor carriers may only use this exemption when their drivers
are actually transporting HM that requires placarding or includes a
select agent or toxin identified in Sec. 172.800(b)(13), and for which
a security plan has been filed under Sec. Sec. 172.800-804. If a
driver is not transporting qualifying HM materials, he or she is not
entitled to substitute attendance for the required off-duty break.
Drivers operating under this exemption may count up to 30 minutes of
their on-duty attendance time toward a required rest break, if they
perform no other on-duty activities during the rest-break period.
It should be noted that there is no motive for a driver or carrier
to claim this exemption when not entitled to it. A driver who is not
required to constantly attend his or her vehicle must take the minimum
30-minute rest break as off-duty time, which does not count against the
7 or 8-day limit of 60 or 70 hours on-duty. A driver claiming this
exemption unnecessarily would be required to take the same rest breaks,
but would be on-duty and the time would count against the 60 or 70-hour
limit.
FMCSA Decision
In consideration of the above, FMCSA has determined that it is
appropriate to provide a two-year exemption from the 30-minute break
requirement for carriers whose drivers transport HM loads requiring
placarding under 49 CFR part 172, subpart F, or select agents and
toxins identified in Sec. 172.800(b)(13) that do not require
placarding, and who have filed security plans requiring constant
attendance of HM in accordance with Sec. Sec. 172.800-804. Drivers
must annotate their RODS to show the on-duty time claimed as a rest
break to satisfy a security plan requiring attendance of HM loads.
Under these terms and conditions described below, the application
for exemption is likely to achieve a level of
[[Page 50914]]
safety that is equivalent to, or greater than, the level that would be
achieved absent such exemption. Motor carriers utilizing the exemption
will be required to report any accidents, as defined in 49 CFR 390.5,
to FMCSA. The exemption is eligible for renewal at the end of the two-
year period.
Terms and Conditions of the Exemption
Extent of the Exemption
This exemption is limited to drivers transporting HM loads
requiring placarding under 49 CFR part 172, subpart F, or select agents
and toxins identified in Sec. 172.800(b)(13) that do not require
placarding, and who have filed security plans requiring constant
attendance of HM in accordance with Sec. Sec. 172.800-804. This
exemption is limited to motor carriers that have a ``satisfactory''
safety rating or are ``unrated''; motor carriers with ``conditional''
or ``unsatisfactory'' safety ratings are prohibited from utilizing this
exemption. Drivers must have a copy of the exemption document in their
possession while operating under the terms of the exemption and must
present it to law enforcement officials upon request.
Accident Reporting
Motor carriers must notify FMCSA by email addressed to
MCPSD@DOT.GOV with 5 business days of any accident (as defined in 49
CFR 390.5) that occurs while its driver is operating under the terms of
this exemption. The notification must include:
a. Identifier of the Exemption: ``HM''
b. Name of operating 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 license number,
f. Name of co-driver, if any, and license number
g. Vehicle number and state license number,
h. Number of individuals suffering physical injury,
i. Number of fatalities,
j. The police-reported cause of the accident,
k. Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations, and
l. The total driving time and total on-duty time prior to the
accident.
Safety Oversight of Carriers Operating Under the Exemption
FMCSA expects each motor carrier operating under the terms and
conditions of this exemption to maintain its safety record. However,
should safety deteriorate, FMCSA will, consistent with the statutory
requirements of 49 U.S.C. 31315, take all steps necessary to protect
the public interest. Authorization of the exemption is discretionary,
and FMCSA will immediately revoke the exemption of any motor carrier or
driver for failure to comply with the terms and conditions of the
exemption.
Preemption
During the period the exemption is in effect, no State may enforce
any law or regulation that conflicts with or is inconsistent with this
exemption with respect to a person or entity operating under the
exemption [49 U.S.C. 31315(d)].
Issued on: August 6, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-20686 Filed 8-20-15; 8:45 am]
BILLING CODE 4910-EX-P
