Hours of Service of Drivers: U.S. Department of Energy (DOE); FAST Act Extension of Expiration Date, 48495-48496 [2016-17459]

Download as PDF Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices physically examined every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirement in 49 CFR 391.41(b)(10) and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) that each individual provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (3) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. V. Discussion of Comments mstockstill on DSK3G9T082PROD with NOTICES IV. Conclusion Based upon its evaluation of the 28 exemption applications, FMCSA exempts the following drivers from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)): David W. Anderson (OR) Charles H. Baim (PA) Troy C. Blackburn (OH) Johnnie E. Byler (PA) Raymond E. Catanio (NJ) Dana L. Colberg (OR) Peter D. Costas (NY) Darrin G. Davis (WI) Rene Hernandez Gonzalez (FL) Johnnie W. Hines, Jr. (FL) Dean L. Knutson (SD) Melvin L. Lester (MS) Gerald R. Metzler (PA) Kory M. Nelson (MD) Douglas L. Peterson (WI) Ramon S. Puente (IA) Dennis W. Rhoades (VT) Jose H. Rivas (NM) Joseph T. Saba (MN) LeRoy W. Scharkey (MN) Roger H. Schwisow (NE) Walton W. Smith, Jr. (VA) Dustin W. Tharp (IA) Aaron D. Tillman (DE) Larry J. Weber (WI) Richard N. Wescott (ME) Oscar M. Wilkins (ME) Rodney W. Wright (PA) In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked if: (1) The person fails to comply with 18:27 Jul 22, 2016 Issued on: July 19, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–17458 Filed 7–22–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Jkt 238001 Hours of Service of Drivers: U.S. Department of Energy (DOE); FAST Act Extension of Expiration Date Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice; extension of exemption. AGENCY: FMCSA announces the extension of the hours-of-service (HOS) exemption granted to the U.S. Department of Energy (DOE) on June 30, 2015, for certain commercial motor vehicle (CMV) drivers. The Agency extends the expiration date of the exemption to June 29, 2020 in response to section 5206(b)(2)(A) of the ‘‘Fixing America’s Surface Transportation Act’’ (FAST Act). That section extends the expiration date of all HOS exemptions in effect on the date of enactment to 5 years from the date of issuance of the exemptions. The DOE exemption from the Agency’s 30-minute rest break requirement is limited to DOE’s contract motor carriers and their employeedrivers engaged in the transportation of security-sensitive radioactive materials. The Agency previously determined that CMV operations under this exemption would likely achieve a level of safety equivalent to or greater than the level of safety that would be obtained in the absence of the exemption. DATES: This limited exemption is effective from June 30, 2015, through June 29, 2020. FOR FURTHER INFORMATION CONTACT: Mr. Thomas 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: SUMMARY: PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 Legal Basis 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)]. Section 5206(b)(2)(A) of the FAST Act requires FMCSA to extend all exemptions from the HOS regulations (49 CFR part 395) that were in effect on the date of enactment of the Act to a period of 5 years from the date the exemption was granted. The exemption may be renewed. Because this action merely implements a statutory mandate that took effect on the date of enactment of the FAST Act, notice and comment are not required. DOE Exemption [Docket No. FMCSA–2012–0370] FMCSA received no comments in this proceeding. VerDate Sep<11>2014 the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. 48495 From 2013 to 2015, DOE held a limited exemption from the mandatory 30-minute rest break requirement of 49 CFR 395.3(a)(3)(ii) that allowed DOE contract carriers and their drivers transporting security-sensitive radioactive materials to be treated the same as drivers transporting explosives pursuant to § 395.1(q). As that exemption neared expiration, DOE applied for its renewal. FMCSA reviewed DOE’s request and the public comments and reaffirmed its previous conclusion that allowing these drivers to count on-duty time ‘‘attending’’ their CMVs toward the required 30-minute break, would promote safety at least as effectively as the break itself. The notice renewing the DOE exemption was published on June 22, 2015 [80 FR 35703]. The substance of the 2015 exemption is not affected by this extension. The DOE exemption covers only the 30minute break requirement [49 CFR 395.3(a)(3)(ii)] and is restricted to contract motor carriers and their drivers employed by DOE transporting securitysensitive radioactive materials. On each trip, the drivers are allowed to use 30 minutes or more of ‘‘attendance time’’ to meet the requirements for a rest break in the manner provided in 49 CFR 395.1(q), provided they perform no other on-duty activities during the rest break. The FMCSA does not believe the safety record of any driver operating under this exemption will deteriorate. However, should deterioration in safety occur, FMCSA will take all steps necessary to protect the public interest, including revocation of the exemption. The FMCSA has the authority to terminate the exemption at any time the Agency has the data/information to E:\FR\FM\25JYN1.SGM 25JYN1 48496 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Notices that was in effect on the date of enactment of the Act to a period of 5 years from the date the exemption was granted. The exemption may be renewed. Because this action merely implements a statutory mandate that took effect on the date of enactment of the FAST Act, notice and comment are not required. conclude that safety is being compromised. Issued on: July 14, 2016. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2016–17459 Filed 7–22–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0027] Hours of Service of Drivers: WestRock Exemption; FAST Act Extension of Compliance Date Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice; extension of exemption. AGENCY: FMCSA announces the extension of the exemption granted to WestRock, formerly known as RockTenn, on April 17, 2014, for short trips to their loading docks. The Agency extends the expiration date from April 17, 2014 to April 16, 2019, in response to the ‘‘Fixing America’s Surface Transportation Act’’ (FAST Act). That Act extends the expiration date of hours-of-service (HOS) exemptions in effect on the date of enactment of the FAST Act to 5 years from the date of issuance of the exemptions. The WestRock exemption from the Agency’s 14 hour rule is limited to WestRock drivers operating commercial motor vehicles (CMVs) between WestRock shipping and receiving departments only, on the public road (Compress Street). The Agency previously determined that the CMV operations of WestRock’s drivers under this exemption would likely achieve a level of safety equivalent to or greater than the level of safety that would be obtained in the absence of the exemption. DATES: This limited exemption is effective from April 17, 2014 through April 16, 2019. SUPPLEMENTARY INFORMATION: mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: Legal Basis 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)]. Section 5206(b)(2)(A) of the FAST Act requires FMCSA to extend any exemption from any provision of the HOS regulations under 49 CFR part 395 VerDate Sep<11>2014 18:27 Jul 22, 2016 Jkt 238001 WestRock Exemption WestRock, a motor carrier formerly known as RockTenn, applied for a limited exemption from the prohibition from operating a CMV on a public road after the end of the 14th hour after coming on duty following 10 or more consecutive hours off duty [49 CFR 395.3(a)(2)] on behalf of their shipping department employees operating CMVs. FMCSA reviewed WestRock’s application and the public comments and concluded that limiting the exemption to CDL holders employed by WestRock who are exclusively assigned to a specific route, and may operate a CMV on a public road past the 14-hour limit, will promote safety at least as effectively as the ‘‘14-hour rule.’’ These drivers operate like certain short-haul drivers, who are already permitted a 16hour driving ‘‘window’’ once a week and other non-CDL short-haul drivers who are allowed two 16-hour duty periods per week. WestRock held a similar 2-year exemption from 2012– 2014. A Notice of Final Determination granting the WestRock exemption was published on April 22, 2014 [79 FR 22571]. The substance of the exemption is not affected by this extension. The exemption covers only the ‘‘14 hour rule’’ [49 CFR 395.3(a)(3)(ii)]. The exemption is restricted to drivers employed by WestRock operating CMVs on a specified route. On each trip, the CMV must only travel on the public road (Compress Street)—approximately 275 feet in one direction—between WestRock’s shipping and receiving departments. The exemption enables WestRock’s shipping department drivers and occasional substitute CDL holders who transport paper mill products between WestRock’s shipping and receiving locations on Compress Street to work up to 16 hours in a day and return to work with a minimum of at least 8 hours off duty. The FMCSA does not believe the safety record of any driver operating under this exemption will deteriorate. However, should deterioration in safety occur, FMCSA will take all steps necessary to protect the public interest, including revocation of the exemption. The FMCSA has the authority to terminate the exemption at any time the PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 Agency has the data/information to conclude that safety is being compromised. Issued on: July 14, 2016. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2016–17462 Filed 7–22–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0032] Commercial Driver’s License Standards: Application for Exemption; Daimler Trucks North America (Daimler) Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemption. AGENCY: FMCSA announces its decision to grant an exemption to Daimler Trucks North America (Daimler) for one of its commercial motor vehicle (CMV) drivers. Daimler requested a 5-year exemption from the Federal requirement to hold a U.S. commercial driver’s license (CDL) for Mr. Sebastian Boehm, a project engineer for the Daimler Trucks and Bus Division. Mr. Boehm holds a valid German commercial license and wants to test drive Daimler vehicles on U.S. roads to better understand product requirements in ‘‘real world’’ environments, and verify results. Daimler believes the requirements for a German commercial license ensure that operation under the exemption will likely achieve a level of safety equivalent to or greater than the level that would be obtained in the absence of the exemption. DATES: This exemption is effective July 25, 2016 and expires July 25, 2021. ADDRESSES: 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 on-line FDMS is available 24 hours each day, 365 days each year. 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 SUMMARY: E:\FR\FM\25JYN1.SGM 25JYN1

Agencies

[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Pages 48495-48496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17459]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0370]


Hours of Service of Drivers: U.S. Department of Energy (DOE); 
FAST Act Extension of Expiration Date

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

ACTION: Notice; extension of exemption.

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SUMMARY: FMCSA announces the extension of the hours-of-service (HOS) 
exemption granted to the U.S. Department of Energy (DOE) on June 30, 
2015, for certain commercial motor vehicle (CMV) drivers. The Agency 
extends the expiration date of the exemption to June 29, 2020 in 
response to section 5206(b)(2)(A) of the ``Fixing America's Surface 
Transportation Act'' (FAST Act). That section extends the expiration 
date of all HOS exemptions in effect on the date of enactment to 5 
years from the date of issuance of the exemptions. The DOE exemption 
from the Agency's 30-minute rest break requirement is limited to DOE's 
contract motor carriers and their employee-drivers engaged in the 
transportation of security-sensitive radioactive materials. The Agency 
previously determined that CMV operations under this exemption would 
likely achieve a level of safety equivalent to or greater than the 
level of safety that would be obtained in the absence of the exemption.

DATES: This limited exemption is effective from June 30, 2015, through 
June 29, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas 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: 

Legal Basis

    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)].
    Section 5206(b)(2)(A) of the FAST Act requires FMCSA to extend all 
exemptions from the HOS regulations (49 CFR part 395) that were in 
effect on the date of enactment of the Act to a period of 5 years from 
the date the exemption was granted. The exemption may be renewed. 
Because this action merely implements a statutory mandate that took 
effect on the date of enactment of the FAST Act, notice and comment are 
not required.

DOE Exemption

    From 2013 to 2015, DOE held a limited exemption from the mandatory 
30-minute rest break requirement of 49 CFR 395.3(a)(3)(ii) that allowed 
DOE contract carriers and their drivers transporting security-sensitive 
radioactive materials to be treated the same as drivers transporting 
explosives pursuant to Sec.  395.1(q). As that exemption neared 
expiration, DOE applied for its renewal.
    FMCSA reviewed DOE's request and the public comments and reaffirmed 
its previous conclusion that allowing these drivers to count on-duty 
time ``attending'' their CMVs toward the required 30-minute break, 
would promote safety at least as effectively as the break itself. The 
notice renewing the DOE exemption was published on June 22, 2015 [80 FR 
35703].
    The substance of the 2015 exemption is not affected by this 
extension. The DOE exemption covers only the 30-minute break 
requirement [49 CFR 395.3(a)(3)(ii)] and is restricted to contract 
motor carriers and their drivers employed by DOE transporting security-
sensitive radioactive materials. On each trip, the drivers are allowed 
to use 30 minutes or more of ``attendance time'' to meet the 
requirements for a rest break in the manner provided in 49 CFR 
395.1(q), provided they perform no other on-duty activities during the 
rest break.
    The FMCSA does not believe the safety record of any driver 
operating under this exemption will deteriorate. However, should 
deterioration in safety occur, FMCSA will take all steps necessary to 
protect the public interest, including revocation of the exemption. The 
FMCSA has the authority to terminate the exemption at any time the 
Agency has the data/information to

[[Page 48496]]

conclude that safety is being compromised.

    Issued on: July 14, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-17459 Filed 7-22-16; 8:45 am]
 BILLING CODE 4910-EX-P