Hours of Service of Drivers: Trailways Companies Exemption; FAST Act Extension of Expiration Date, 79556 [2016-27269]
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79556
Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices
Kevin A. Wilson (WV)
Jeffrey S. Wine (IA)
John T. Witcraft (SD)
William B. Witzel (SC)
P. Wayne Woodward, Jr. (NY)
Richard Wynn (TX)
In accordance with 49 U.S.C. 31136(e)
and 31315 each exemption is valid for
two years unless revoked earlier by
FMCSA. The exemption will be revoked
if the following occurs: (1) The person
fails to comply with 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(e) 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.
Issued on: November 2, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–27271 Filed 11–10–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0268]
Hours of Service of Drivers: Trailways
Companies Exemption; FAST Act
Extension of Expiration Date
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice; extension of exemption.
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 4, 2015, through
June 4, 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 ‘‘Fixing
America’s Surface Transportation Act,’’
(FAST Act), effective October 1, 2015,
requires FMCSA to extend any
exemption from any provision of the
HOS regulations under 49 CFR part 395
that was in effect on the date of
enactment of the Act for 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.
AGENCY:
Trailways Exemption
FMCSA announces the
extension of the 2015 exemption
granted to Trailways Companies
(Trailways) and other regular-route forhire passenger carriers. The Agency
extends the expiration date from June 4,
2015, to June 4, 2020, 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. This
exemption provides that drivers of
passenger-carrying vehicles with
regularly scheduled routes are exempted
from changing their duty status from
‘‘driving’’ to ‘‘on-duty not driving’’
when making stops of less than 10
minutes for the limited purpose of
picking up or dropping off passengers,
baggage, or small express packages. The
Agency previously determined that
Trailways, a regular-route passenger
carrier, applied for a limited exemption
on behalf of Adirondack Trailways, Pine
Hill Trailways, New York Trailways and
all other regular-route passenger carriers
and their drivers, from the change of
duty status requirements in 49 CFR
395.8(c). Trailways had requested that
drivers with regularly scheduled routes
be exempted from changing their duty
status from ‘‘driving’’ to ‘‘on-duty not
driving’’ when making stops of less than
10 minutes for the limited purpose of
picking up or dropping off passengers,
baggage, or small express packages.
FMCSA reviewed the application and
the public comments and concluded
that allowing these drivers to perform
their daily duties without having to
record short-term changes in duty status
would promote safety at least as
effectively as the logbook regulations in
49 CFR part 395.8(c). Trailways held a
similar 2-year exemption from 2013 to
2015. A Notice of Final Determination
granting the Trailways exemption was
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SUMMARY:
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published on June 4, 2015 [80 FR
31961].
The substance of the exemption is not
affected by this extension. The
exemption covers only the driver’s
record of duty status regulations [49
CFR 395.8(c)]. The exemption is
restricted to drivers employed by
Trailways and other regular-route forhire passenger carriers. Instead of
complying with the provisions in 49
CFR 395.8(c), these drivers are
exempted from changing their duty
status from ‘‘driving’’ to ‘‘on-duty not
driving’’ when making stops of less than
10 minutes.
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
conclude that safety is being
compromised.
Issued on: November 3, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016–27269 Filed 11–10–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0420]
Hours of Service of Drivers:
Specialized Carriers & Rigging
Association (SC&RA) Exemption;
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 2015 exemption
granted to the Specialized Carriers and
Rigging Association (SC&RA) for the
transportation of loads that exceed
normal weight and dimensional limits.
The exemption applies to all oversizeoverweight permitted loads whose
drivers are not required to comply with
the 30-minute rest break rule. The
Agency extends the expiration date to
June 17, 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 hours-of-service
(HOS) exemptions in effect on the date
of enactment of the FAST Act to 5 years
SUMMARY:
E:\FR\FM\14NON1.SGM
14NON1
]]>Agencies
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Page 79556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27269]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0268]
Hours of Service of Drivers: Trailways Companies Exemption; FAST
Act Extension of Expiration Date
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice; extension of exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces the extension of the 2015 exemption granted to
Trailways Companies (Trailways) and other regular-route for-hire
passenger carriers. The Agency extends the expiration date from June 4,
2015, to June 4, 2020, 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.
This exemption provides that drivers of passenger-carrying vehicles
with regularly scheduled routes are exempted from changing their duty
status from ``driving'' to ``on-duty not driving'' when making stops of
less than 10 minutes for the limited purpose of picking up or dropping
off passengers, baggage, or small express packages. The Agency
previously determined that 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 4, 2015, through
June 4, 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 ``Fixing America's Surface
Transportation Act,'' (FAST Act), effective October 1, 2015, requires
FMCSA to extend any exemption from any provision of the HOS regulations
under 49 CFR part 395 that was in effect on the date of enactment of
the Act for 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.
Trailways Exemption
Trailways, a regular-route passenger carrier, applied for a limited
exemption on behalf of Adirondack Trailways, Pine Hill Trailways, New
York Trailways and all other regular-route passenger carriers and their
drivers, from the change of duty status requirements in 49 CFR
395.8(c). Trailways had requested that drivers with regularly scheduled
routes be exempted from changing their duty status from ``driving'' to
``on-duty not driving'' when making stops of less than 10 minutes for
the limited purpose of picking up or dropping off passengers, baggage,
or small express packages.
FMCSA reviewed the application and the public comments and
concluded that allowing these drivers to perform their daily duties
without having to record short-term changes in duty status would
promote safety at least as effectively as the logbook regulations in 49
CFR part 395.8(c). Trailways held a similar 2-year exemption from 2013
to 2015. A Notice of Final Determination granting the Trailways
exemption was published on June 4, 2015 [80 FR 31961].
The substance of the exemption is not affected by this extension.
The exemption covers only the driver's record of duty status
regulations [49 CFR 395.8(c)]. The exemption is restricted to drivers
employed by Trailways and other regular-route for-hire passenger
carriers. Instead of complying with the provisions in 49 CFR 395.8(c),
these drivers are exempted from changing their duty status from
``driving'' to ``on-duty not driving'' when making stops of less than
10 minutes.
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 conclude that safety is being
compromised.
Issued on: November 3, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-27269 Filed 11-10-16; 8:45 am]
BILLING CODE 4910-EX-P
