Hours of Service of Drivers: Transco, Inc.; Application for Exemption, 32918-32919 [2017-15022]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES 32918 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices Brett L. Condon (MD) Christopher A. Deadman (MI) Daryl A. Jester (DE) James P. Jones (ME) Clyde H. Kitzan (ND) Larry J. Lang (MI) William A. Moore, Jr. (NV) Richard S. Rehbein (MN) David E. Sanders (NC) David B. Speller (MN) Lynn D. Veach (IA) Harry S. Warren (FL) Michael C. Wines (MD) The drivers were included in one of the following docket Nos: FMCSA– 1998–4334; FMCSA–2000–7006; FMCSA–2000–7363; FMCSA–2001– 9258; FMCSA–2005–20027; FMCSA– 2005–20560; FMCSA–2007–27333. Their exemptions are effective as of June 26, 2017, and will expire on June 26, 2019. As of June 28, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (76 FR 25766; 76 FR 37885; 78 FR 37270; 80 FR 31640): Jan M. Bernath (OH) Joseph L. Butler (IN) Shawn Carroll (OK) Walter C. Dean, Sr. (AL) Mark T. Gileau (CT) Peter D. Gouge (IA) Alan D. Harberts (IA) Wendell S. Sehen (OH) Gary E. Valentine (OH) Kevin W. Van Arsdol (CO) Charles Van Dyke (WI) The drivers were included in docket No. FMCSA–2011–0092. Their exemptions are effective as of June 28, 2017, and will expire on June 28, 2019. As of June 30, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following three individuals have satisfied the conditions for obtaining a renewed exemption from the vision requirements (65 FR 78256; 66 FR 16311; 68 FR 13360; 70 FR 2701; 70 FR 16887; 70 FR 17504; 70 FR 30997; 70 FR 37891; 72 FR 27624; 72 FR 34062; 74 FR 26471; 76 FR 34133; 78 FG 57677; 80 FR 31962): Edmund J. Barron (PA) Roger K. Cox (NJ) Thomas E. Howard (IN) The drivers were included in one of the following docket Nos: FMCSA– 2000–8398; FMCSA–2005–20027; FMCSA–2005–20560. Their exemptions are effective as of June 30, 2017, and will expire on June 30, 2019. In accordance with 49 U.S.C. 31315, each exemption will be valid for two years from the effective date unless revoked earlier by FMCSA. The VerDate Sep<11>2014 17:47 Jul 17, 2017 Jkt 241001 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 prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: July 7, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–15021 Filed 7–17–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2016–0244] Hours of Service of Drivers: Transco, Inc.; Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final determination; denial of application for exemption. AGENCY: FMCSA announces its decision to deny the application of Transco, Inc. (Transco) (USDOT # 1062707) for an exemption from the 30minute rest break provision of the Agency’s hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. Transco asked that its drivers be permitted to comply with the 30-minute rest break requirement while performing ‘‘on-duty, not-driving’’ tasks. Due to the nature of its operations, Transco believes that compliance with the 30-minute rest break provision negatively impacts the overall safety and general health of its CMV drivers. FMCSA has analyzed the exemption application and public comments, and has determined that the applicant would not achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. DATES: FMCSA denied the application for exemption by letter dated February 27, 2017, after notice and opportunity for public comment. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, 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. If you have questions on viewing or submitting material to the docket, SUMMARY: PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain Federal Motor Carrier Safety Regulations (FMCSRs). 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. FMCSA 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 and the reasons for denying an application must be published in the Federal Register (49 CFR 381.315(b)). On December 27, 2011 (76 FR 81133), FMCSA published a final rule amending its hours-of-service (HOS) regulations for drivers of property-carrying CMVs. The rule included a provision requiring many CMV drivers to take a rest break during the work day. Drivers may drive a CMV only if 8 hours or less have passed since the end of the driver’s last off-duty or sleeper-berth period of at least 30 minutes. FMCSA did not specify when drivers must take the 30minute break, but the rule requires that they wait no longer than 8 hours after the last off-duty or sleeper-berth period of that length or longer to take the break if they want to continue driving (49 CFR 395.3(a)(3)(ii)). III. Request for Exemption Transco seeks an exemption from the 30-minute rest break provision. Transco, operating through McLane Company, Inc., employs over 4,000 drivers who deliver freight from distribution centers to grocery stores and restaurants throughout the United States. Transco drivers make an average of nine stops per day during which they offload freight to customers. Transco contends that because its operations differ greatly from long-haul operations it should not be subject to the rest break requirement. It contends that the frequent stops serve the purpose of the 30-minute rest break because they break the monotony and stress of driving for Transco’s drivers. Transco argues that physically-active offloading is in fact better for the health of its drivers than 30 minutes free of E:\FR\FM\18JYN1.SGM 18JYN1 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices work-related duties. It asserts that the 30-minute break unnecessarily imposes unhealthy sedentary activity on Transco drivers. Finally, Transco believes that the granting of this exemption would reduce the number of motor vehicle accidents and congestion on public roads by reducing the overall miles Transco travels to deliver to its customers. A copy of the Transco’s application for exemption is available for review in the docket for this notice. Public Comments On September 28, 2016, FMCSA published Transco’s application for exemption and requested public comment (81 FR 66734). The Agency received 54 comments to the docket, mostly from CMV drivers. More than 40 of the comments opposed the Transco application for exemption. The principal concern of the CMV drivers was that the exemption would convert obvious on-duty time to off-duty time. The Advocates for Highway and Auto Safety expressed concern that rigorous physical activity (loading and unloading) would be substituted for the respite from driver duties provided by the 30-minute rest break. The International Brotherhood of Teamsters opposed the application. It pointed out that the applicant described the typical driver workday as being 19 hours long, making the rest break even more critical to safety and driver health. sradovich on DSK3GMQ082PROD with NOTICES FMCSA Decision When FMCSA proposed the provision requiring a 30-minute rest break, it relied upon research indicating that periods free from work responsibilities are followed by improved work performance. The research showed that this improvement was experienced regardless of the precise nature of the worker’s duties. FMCSA believes that, whatever the relative degree of monotony associated with long-haul and local-delivery driving, the fact is that both types of drivers are susceptible to fatigue as the workday progresses. The Agency believes that rest breaks provide a benefit to both types of drivers, and that safety is improved by allowing drivers to take a break from their duties during the work day. The rest break is especially important for Transco drivers because they accumulate fatigue both from the lifting of their unloading tasks and from 19hour days. For these reasons, FMCSA has denied the applicant’s request for exemption. VerDate Sep<11>2014 17:47 Jul 17, 2017 Jkt 241001 Issued on: July 11, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–15022 Filed 7–17–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2000–7006; FMCSA– 2001–9258; FMCSA–2001–9561; FMCSA– 2002–11714; FMCSA–2002–13411; FMCSA– 2003–14504; FMCSA–2003–15268; FMCSA– 2004–17984; FMCSA–2005–20560; FMCSA– 2005–21254; FMCSA–2006–26653; FMCSA– 2007–2663; FMCSA–2007–27897; FMCSA– 2008–0266; FMCSA–2009–0086; FMCSA– 2009–0121; FMCSA–2010–0354; FMCSA– 2010–0372; FMCSA–2010–0385; FMCSA– 2011–0010; FMCSA–2011–0024; FMCSA– 2011–0057; FMCSA–2011–0092; FMCSA– 2011–0102; FMCSA–2011–0140; FMCSA– 2011–0141; FMCSA–2013–0021; FMCSA– 2013–0025; FMCSA–2013–0027; FMCSA– 2013–0028; FMCSA–2013–0029; FMCSA– 2014–0002; FMCSA–2014–0010; FMCSA– 2014–0302; FMCSA–2014–0305; FMCSA– 2015–0048; FMCSA–2015–0049; FMCSA– 2015–0052; FMCSA–2015–0053; FMCSA– 2015–0055] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew exemptions for 125 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirement in one eye. DATES: Each group of renewed exemptions was effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before August 17, 2017. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, 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., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUMMARY: PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 32919 You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2000–7006; FMCSA–2001–9258; FMCSA–2001–9561; FMCSA–2002– 11714; FMCSA–2002–13411; FMCSA– 2003–14504; FMCSA–2003–15268; FMCSA–2004–17984; FMCSA–2005– 20560; FMCSA–2005–21254; FMCSA– 2006–26653; FMCSA–2007–2663; FMCSA–2007–27897; FMCSA–2008– 0266; FMCSA–2009–0086; FMCSA– 2009–0121; FMCSA–2010–0354; FMCSA–2010–0372; FMCSA–2010– 0385; FMCSA–2011–0010; FMCSA– 2011–0024; FMCSA–2011–0057; FMCSA–2011–0092; FMCSA–2011– 0102; FMCSA–2011–0140; FMCSA– 2011–0141; FMCSA–2013–0021; FMCSA–2013–0025; FMCSA–2013– 0027; FMCSA–2013–0028; FMCSA– 2013–0029; FMCSA–2014–0002; FMCSA–2014–0010; FMCSA–2014– 0302; FMCSA–2014–0305; FMCSA– 2015–0048; FMCSA–2015–0049; FMCSA–2015–0052; FMCSA–2015– 0053; FMCSA–2015–0055 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 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., e.t., Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http:// 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 http:// 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., e.t., Monday through Friday, except Federal holidays. The 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 ADDRESSES: E:\FR\FM\18JYN1.SGM 18JYN1

Agencies

[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Notices]
[Pages 32918-32919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15022]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0244]


Hours of Service of Drivers: Transco, Inc.; Application for 
Exemption

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

ACTION: Notice of final determination; denial of application for 
exemption.

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

SUMMARY: FMCSA announces its decision to deny the application of 
Transco, Inc. (Transco) (USDOT # 1062707) for an exemption from the 30-
minute rest break provision of the Agency's hours-of-service (HOS) 
regulations for commercial motor vehicle (CMV) drivers. Transco asked 
that its drivers be permitted to comply with the 30-minute rest break 
requirement while performing ``on-duty, not-driving'' tasks. Due to the 
nature of its operations, Transco believes that compliance with the 30-
minute rest break provision negatively impacts the overall safety and 
general health of its CMV drivers. FMCSA has analyzed the exemption 
application and public comments, and has determined that the applicant 
would not achieve a level of safety that is equivalent to, or greater 
than, the level that would be achieved absent such exemption.

DATES: FMCSA denied the application for exemption by letter dated 
February 27, 2017, after notice and opportunity for public comment.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, 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. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain Federal Motor Carrier Safety Regulations 
(FMCSRs). 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.
    FMCSA 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 and the reasons for denying an application must be published 
in the Federal Register (49 CFR 381.315(b)).
    On December 27, 2011 (76 FR 81133), FMCSA published a final rule 
amending its hours-of-service (HOS) regulations for drivers of 
property-carrying CMVs. The rule included a provision requiring many 
CMV drivers to take a rest break during the work day. Drivers may drive 
a CMV only if 8 hours or less have passed since the end of the driver's 
last off-duty or sleeper-berth period of at least 30 minutes. FMCSA did 
not specify when drivers must take the 30-minute break, but the rule 
requires that they wait no longer than 8 hours after the last off-duty 
or sleeper-berth period of that length or longer to take the break if 
they want to continue driving (49 CFR 395.3(a)(3)(ii)).

III. Request for Exemption

    Transco seeks an exemption from the 30-minute rest break provision. 
Transco, operating through McLane Company, Inc., employs over 4,000 
drivers who deliver freight from distribution centers to grocery stores 
and restaurants throughout the United States. Transco drivers make an 
average of nine stops per day during which they offload freight to 
customers. Transco contends that because its operations differ greatly 
from long-haul operations it should not be subject to the rest break 
requirement. It contends that the frequent stops serve the purpose of 
the 30-minute rest break because they break the monotony and stress of 
driving for Transco's drivers. Transco argues that physically-active 
offloading is in fact better for the health of its drivers than 30 
minutes free of

[[Page 32919]]

work-related duties. It asserts that the 30-minute break unnecessarily 
imposes unhealthy sedentary activity on Transco drivers. Finally, 
Transco believes that the granting of this exemption would reduce the 
number of motor vehicle accidents and congestion on public roads by 
reducing the overall miles Transco travels to deliver to its customers. 
A copy of the Transco's application for exemption is available for 
review in the docket for this notice.

Public Comments

    On September 28, 2016, FMCSA published Transco's application for 
exemption and requested public comment (81 FR 66734). The Agency 
received 54 comments to the docket, mostly from CMV drivers. More than 
40 of the comments opposed the Transco application for exemption. The 
principal concern of the CMV drivers was that the exemption would 
convert obvious on-duty time to off-duty time. The Advocates for 
Highway and Auto Safety expressed concern that rigorous physical 
activity (loading and unloading) would be substituted for the respite 
from driver duties provided by the 30-minute rest break. The 
International Brotherhood of Teamsters opposed the application. It 
pointed out that the applicant described the typical driver workday as 
being 19 hours long, making the rest break even more critical to safety 
and driver health.

FMCSA Decision

    When FMCSA proposed the provision requiring a 30-minute rest break, 
it relied upon research indicating that periods free from work 
responsibilities are followed by improved work performance. The 
research showed that this improvement was experienced regardless of the 
precise nature of the worker's duties. FMCSA believes that, whatever 
the relative degree of monotony associated with long-haul and local-
delivery driving, the fact is that both types of drivers are 
susceptible to fatigue as the workday progresses. The Agency believes 
that rest breaks provide a benefit to both types of drivers, and that 
safety is improved by allowing drivers to take a break from their 
duties during the work day. The rest break is especially important for 
Transco drivers because they accumulate fatigue both from the lifting 
of their unloading tasks and from 19-hour days.
    For these reasons, FMCSA has denied the applicant's request for 
exemption.

    Issued on: July 11, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-15022 Filed 7-17-17; 8:45 am]
 BILLING CODE 4910-EX-P