Hours of Service of Drivers: McKee Foods Transportation, LLC, Application for Exemption, 21916-21918 [2020-08207]

Download as PDF 21916 Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Notices To submit your comment online, go to www.regulations.gov and put the docket number, ‘‘FMCSA–2020–0116’’ 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 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. jbell on DSKJLSW7X2PROD with NOTICES II. Legal Basis 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. 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)). III. Background Currently, interstate drivers of property-carrying CMVs are allowed a period of 14 consecutive hours (49 CFR 395.3(a)(2)) in which to drive up to 11 hours (49 CFR 395.3(a)(3)) after being off duty for 10 or more consecutive hours. The 14-consecutive-hour driving window begins when the driver starts any kind of work. Once the driver reaches the end of this 14-consecutivehour period, he/she cannot drive again until the driver has been off duty for another 10 consecutive hours, or the VerDate Sep<11>2014 18:34 Apr 17, 2020 Jkt 250001 equivalent of at least 10 consecutive hours off duty. IV. Pronto’s Exemption Application Pronto requests an exemption from the 11-hour driving limit in 49 CFR 395.3(a)(3) and the 14-hour driving window in 49 CFR 395.3(a)(2) on behalf of its motor carrier customers operating CMVs equipped with the Copilot by Pronto ADAS, the SmartDrive® Video Safety Program, and operating with certain other safeguards discussed in the exemption. The exemption would allow drivers operating these CMVs to drive up to 13 hours within 15 hours of the beginning of the work shift, following 10 consecutive hours off duty. A copy of the exemption application is included in the public docket referenced at the beginning of this notice. V. Request for Comments In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public comment from all interested persons on Pronto’s application for an exemption from 49 CFR 395.3(a)(2) and 395.3(a)(3). All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–08343 Filed 4–17–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0071] Hours of Service of Drivers: McKee Foods Transportation, LLC, Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemption. AGENCY: FMCSA announces its decision to renew McKee Foods SUMMARY: PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 Transportation, LLC’s (MFT) exemption from the hours-of-service (HOS) regulation pertaining to the use of a sleeper berth. Current HOS rules require that all sleeper-berth rest regimens include, in part, the regular use of a sleeper-berth period for at least 8 hours—combined with a separate period of at least 2 hours, either in the sleeper berth, off duty, or some combination of both—to gain the equivalent of at least 10 consecutive hours off duty. The exemption enables MFT team drivers to take the equivalent of 10 consecutive hours off duty by splitting sleeper-berth time into two periods totaling 10 hours, provided neither of the two periods is less than 3 hours. FMCSA has analyzed the exemption application and the public comments and has determined that the exemption, subject to the terms and conditions imposed, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. DATES: The exemption is effective April 20, 2020 and expires April 20, 2025. FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: (202) 366–4225. 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: I. Public Participation Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, FMCSA–2014–0071, in the ‘‘Keyword’’ box, and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button and choose the document 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. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from certain parts of the 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 E:\FR\FM\20APN1.SGM 20APN1 Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Notices 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 Agency’s decision 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 (up to 5 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). jbell on DSKJLSW7X2PROD with NOTICES III. MFT’s Request for a Renewal MFT requested a renewal of its exemption from the sleeper berth provision in 49 CFR 395.1(g)(1)(ii)(A)(1– 2). The exemption renewal would allow MFT team drivers to continue to take the equivalent of 10 consecutive hours off duty by splitting sleeper berth time into two periods totaling 10 hours, provided neither of the two periods is less than 3 hours. The application for a renewal is available for review in the docket referenced at the beginning of this notice. FMCSA granted MFT a one-year exemption on March 27, 2015 [80 FR 16503]. On April 20, 2016 [81 FR 23349] the Agency extended its expiration date to March 27, 2020, in response to Section 5206(b)(2)(A) of the ‘‘Fixing America’s Surface Transportation Act’’ (FAST Act). The statute extended 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. IV. Method To Ensure an Equivalent or Greater Level of Safety MFT states that it is committed to maintaining its outstanding safety record by focusing on continuous improvement, promoting technologies to enhance safety, conducting thorough inspections and having wellcommunicated policies in place to address both safety and compliancerelated topics. To ensure an equivalent level of safety, MFT offers the following safeguards: (1) Every week, all transportation operations shut down one hour prior to sundown on Friday VerDate Sep<11>2014 18:34 Apr 17, 2020 Jkt 250001 until one hour after sundown on Saturday, resulting in an automatic minimum 26-hour off-duty home time for all drivers each weekend. This is in addition to home time during the week; (2) All tractors are equipped with speed limiters; (3) Drivers will continue using electronic logging devices (ELDs) to track their duty time and HOS compliance; (4) Drive time is reduced from 11 hours to 10 hours. Team drivers are limited to 10 hours of driving prior to completing their required 10 hours total in the sleeper berth; and (5) Behavior-based event data is monitored from the ELD to enhance safety measures to help reduce the probability of accidents on the road. MFT believes that by allowing its drivers to exercise flexibility in their sleeper-berth requirements, the drivers experience more quality rest. MFT notes that during the last five years it has witnessed an improved physical state upon completion of drivers’ trips. The short sleep-berth periods have allowed for more flexible work patterns, allowing them the opportunity for rest periods when they need it. V. Public Comments On January 30, 2020, FMCSA published notice of MFT’s application and requested public comment [85 FR 5532]. The Agency received eight comments. The Truckload Carriers Association (TCA), and six other individual commenters filed in support of MFT’s request for renewal. TCA supported the exemption request, writing ‘‘time and again, our drivers have iterated the importance of stopping the 14-hour clock so that they can take a break or nap when they are tired. Giving fatigued drivers the confidence to stop driving, by providing them the option to stop their on-duty clock, will lead to safer and more alert operations of commercial trucks . . . . McKee Foods has been operating safely under its exemption for the past 5 years, showing that this split-sleep configuration has allowed for drivers to obtain adequate rest and has provided for a safer environment on the roadways.’’ Other commenters supported granting the same sleeperberth provisions to all other trucking companies’ team drivers. Another supporting commenter added that MFT was recognized as a safe operation for repeat safety awards they had received from their State trucking association the past two years. A one opposing commenter said that MFT should operate under the same HOS rules as everyone else—referencing the upcoming HOS final rule which PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 21917 includes revised sleeper-berth provisions allowed for HOS compliance. VI. FMCSA Response and Decision The FMCSA has determined that granting MFT’s its exemption renewal will likely achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption [49 CRR 381.305(a)]. The FMCSA reviewed the MFT’s application, comments to the docket, and MFT’s safety record from March 2015- March 2020. The safety record reflects 47 reportable accidents; of which only 15 reported injuries with no fatalities. The original exemption granted to MFT has not had an adverse effect on the applicant’s Hours of Service or Crash Safety Measurement System (SMS) scores. The applicants SMS scores reflect 0.07 for the HOS violation rate and 0.08 for Crash. VII. Terms and Conditions for the Exemption Extent of the Exemption The team drivers employed by MFT are provided a limited exemption from the sleeper-berth requirements of 49 CFR 395.1(g)(1)(ii)(A)(1–2) to allow these drivers to split sleeper-berth time into two periods totaling at least 10 hours, provided neither of the two periods is less than 3 hours in length. While operating under the granted exemption, MFT team drivers are subject to the following terms and conditions: • Every week, all transportation operations will shut down one hour prior to sundown on Friday until one hour after sundown on Saturday; • All tractors are equipped with speed limiters; • Drivers will use ELDs to track their duty time and HOS compliance; • Drivers are limited to 10 hours of driving; • MFT will monitor behavior-based event data via ELD; and • MFT drivers must have a copy of this notice in their possession while operating under the terms of the exemption. This notice serves as the exemption document and must be presented to law enforcement officials upon request. The carriers and drivers must comply with all other requirements of the Federal Motor Carrier Safety Regulations (49 CFR parts 350–399). 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 E:\FR\FM\20APN1.SGM 20APN1 21918 Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Notices conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. Notification to FMCSA MFT must notify FMCSA within 5 business days of any accidents (as defined by 49 CFR 390.5), involving the operation of any of its CMVs while utilizing this exemption. The notification must include the following information: (a) Date of the accident; (b) City or town, and State, in which the accident occurred, or closest to the accident scene; (c) Driver’s name and license number; (d) Vehicle number and State license number; (e) Number of individuals suffering physical injury; (f) Number of fatalities; (g) The police-reported cause of the accident; (h) 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 of the CMV driver at the time of the accident. Reports filed under this provision shall be emailed to MCPSD@DOT.GOV. VIII. Termination The FMCSA does not believe the team drivers covered by the 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 of the exemption. The FMCSA will immediately revoke the exemption for failure to comply with its terms and conditions. James A. Mullen, Acting Administrator. [FR Doc. 2020–08207 Filed 4–17–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2019–0306] jbell on DSKJLSW7X2PROD with NOTICES Agency Information Collection Activities; Renewal of a CurrentlyApproved Information Collection Request: Annual Report of Class I and Class II For-Hire Motor Carriers Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, SUMMARY: VerDate Sep<11>2014 18:34 Apr 17, 2020 Jkt 250001 FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. FMCSA requests approval to renew the previously approved ICR now titled, ‘‘Annual Report of Class I and Class II For-Hire Motor Carriers,’’ OMB Control No. 2126–0032. This ICR is necessary to comply with FMCSA’s financial and operating statistics requirements at chapter III of title 49 CFR part 369 titled, ‘‘Reports of Motor Carriers.’’ DATES: Please send your comments by June 19, 2020. OMB must receive your comments by this date in order to act quickly on the ICR. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Docket Number FMCSA–2019–0306 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, Washington, DC 20590–0001. • Hand Delivery or Courier: U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001 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, 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: 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. Public Participation: The Federal eRulemaking Portal is available 24 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 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 website. If you want us to notify you that we received your comments, please include a selfaddressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments online. Comments received after the comment closing date will be included in the docket and will be considered to the extent practicable. FOR FURTHER INFORMATION CONTACT: Mr. Jeff Secrist, Office of Registration and Safety Information, Department of Transportation, Federal Motor Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. Telephone: 202–385–2367; email jeff.secrist@dot.gov. SUPPLEMENTARY INFORMATION: Background: Section 14123 of title 49 of the United States Code (U.S.C.) requires certain for-hire motor carriers of property, passengers, and household goods to file annual financial reports. The annual reporting program was implemented on December 24, 1938 (3 FR 3158), and it was subsequently transferred from the Interstate Commerce Commission (ICC) to the U.S. Department of Transportation’s (DOT) Bureau of Transportation Statistics (BTS) on January 1, 1996. The Secretary of Transportation delegated to BTS the responsibility for the program on December 17, 1996 (61 FR 68162). Annual financial reports are filed on Form M (Class I and II for-hire property carriers, including household goods carriers) and Form MP–1 (Class I forhire passenger carriers). Responsibility for collection of the reports was transferred from BTS to FMCSA on August 17, 2004 (69 FR 51009), and the regulations were redesignated as 49 CFR part 369 on August 10, 2006 (71 FR 45740). FMCSA collects carriers’ annual reports and furnishes copies of the reports when requested under the Freedom of Information Act (FOIA). For-hire motor carriers (including interstate and intrastate) subject to the Federal Motor Carrier Safety Regulations are classified on the basis of their gross carrier operating revenues.1 1 For purposes of the Financial and Operating Statistics (F&OS) program, carriers are classified into the following three groups: (1) Class I carriers are those having annual carrier operating revenues (including interstate and intrastate) of $10 million or more after applying the revenue deflator formula as set forth in Note A of 49 CFR 369.2; and (2) Class II carriers are those having annual carrier operating revenues (including interstate and intrastate) of at least $3 million, but less than $10 million after E:\FR\FM\20APN1.SGM 20APN1

Agencies

[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Notices]
[Pages 21916-21918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08207]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0071]


Hours of Service of Drivers: McKee Foods Transportation, LLC, 
Application for 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 renew McKee Foods 
Transportation, LLC's (MFT) exemption from the hours-of-service (HOS) 
regulation pertaining to the use of a sleeper berth. Current HOS rules 
require that all sleeper-berth rest regimens include, in part, the 
regular use of a sleeper-berth period for at least 8 hours--combined 
with a separate period of at least 2 hours, either in the sleeper 
berth, off duty, or some combination of both--to gain the equivalent of 
at least 10 consecutive hours off duty. The exemption enables MFT team 
drivers to take the equivalent of 10 consecutive hours off duty by 
splitting sleeper-berth time into two periods totaling 10 hours, 
provided neither of the two periods is less than 3 hours. FMCSA has 
analyzed the exemption application and the public comments and has 
determined that the exemption, subject to the terms and conditions 
imposed, will achieve a level of safety that is equivalent to, or 
greater than, the level that would be achieved absent such exemption.

DATES: The exemption is effective April 20, 2020 and expires April 20, 
2025.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: (202) 366-4225. Email: [email protected]. If 
you have questions on viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, FMCSA-2014-0071, in the ``Keyword'' box, and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document 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.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from certain parts of the 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

[[Page 21917]]

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 Agency's 
decision 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 (up to 5 
years) and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

III. MFT's Request for a Renewal

    MFT requested a renewal of its exemption from the sleeper berth 
provision in 49 CFR 395.1(g)(1)(ii)(A)(1-2). The exemption renewal 
would allow MFT team drivers to continue to take the equivalent of 10 
consecutive hours off duty by splitting sleeper berth time into two 
periods totaling 10 hours, provided neither of the two periods is less 
than 3 hours. The application for a renewal is available for review in 
the docket referenced at the beginning of this notice.
    FMCSA granted MFT a one-year exemption on March 27, 2015 [80 FR 
16503]. On April 20, 2016 [81 FR 23349] the Agency extended its 
expiration date to March 27, 2020, in response to Section 5206(b)(2)(A) 
of the ``Fixing America's Surface Transportation Act'' (FAST Act). The 
statute extended 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.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    MFT states that it is committed to maintaining its outstanding 
safety record by focusing on continuous improvement, promoting 
technologies to enhance safety, conducting thorough inspections and 
having well-communicated policies in place to address both safety and 
compliance-related topics. To ensure an equivalent level of safety, MFT 
offers the following safeguards: (1) Every week, all transportation 
operations shut down one hour prior to sundown on Friday until one hour 
after sundown on Saturday, resulting in an automatic minimum 26-hour 
off-duty home time for all drivers each weekend. This is in addition to 
home time during the week; (2) All tractors are equipped with speed 
limiters; (3) Drivers will continue using electronic logging devices 
(ELDs) to track their duty time and HOS compliance; (4) Drive time is 
reduced from 11 hours to 10 hours. Team drivers are limited to 10 hours 
of driving prior to completing their required 10 hours total in the 
sleeper berth; and (5) Behavior-based event data is monitored from the 
ELD to enhance safety measures to help reduce the probability of 
accidents on the road.
    MFT believes that by allowing its drivers to exercise flexibility 
in their sleeper-berth requirements, the drivers experience more 
quality rest. MFT notes that during the last five years it has 
witnessed an improved physical state upon completion of drivers' trips. 
The short sleep-berth periods have allowed for more flexible work 
patterns, allowing them the opportunity for rest periods when they need 
it.

V. Public Comments

    On January 30, 2020, FMCSA published notice of MFT's application 
and requested public comment [85 FR 5532]. The Agency received eight 
comments. The Truckload Carriers Association (TCA), and six other 
individual commenters filed in support of MFT's request for renewal. 
TCA supported the exemption request, writing ``time and again, our 
drivers have iterated the importance of stopping the 14-hour clock so 
that they can take a break or nap when they are tired. Giving fatigued 
drivers the confidence to stop driving, by providing them the option to 
stop their on-duty clock, will lead to safer and more alert operations 
of commercial trucks . . . . McKee Foods has been operating safely 
under its exemption for the past 5 years, showing that this split-sleep 
configuration has allowed for drivers to obtain adequate rest and has 
provided for a safer environment on the roadways.'' Other commenters 
supported granting the same sleeper-berth provisions to all other 
trucking companies' team drivers. Another supporting commenter added 
that MFT was recognized as a safe operation for repeat safety awards 
they had received from their State trucking association the past two 
years. A one opposing commenter said that MFT should operate under the 
same HOS rules as everyone else--referencing the upcoming HOS final 
rule which includes revised sleeper-berth provisions allowed for HOS 
compliance.

VI. FMCSA Response and Decision

    The FMCSA has determined that granting MFT's its exemption renewal 
will likely achieve a level of safety that is equivalent to, or greater 
than, the level of safety achieved without the exemption [49 CRR 
381.305(a)]. The FMCSA reviewed the MFT's application, comments to the 
docket, and MFT's safety record from March 2015- March 2020. The safety 
record reflects 47 reportable accidents; of which only 15 reported 
injuries with no fatalities. The original exemption granted to MFT has 
not had an adverse effect on the applicant's Hours of Service or Crash 
Safety Measurement System (SMS) scores. The applicants SMS scores 
reflect 0.07 for the HOS violation rate and 0.08 for Crash.

VII. Terms and Conditions for the Exemption

Extent of the Exemption

    The team drivers employed by MFT are provided a limited exemption 
from the sleeper-berth requirements of 49 CFR 395.1(g)(1)(ii)(A)(1-2) 
to allow these drivers to split sleeper-berth time into two periods 
totaling at least 10 hours, provided neither of the two periods is less 
than 3 hours in length. While operating under the granted exemption, 
MFT team drivers are subject to the following terms and conditions:
     Every week, all transportation operations will shut down 
one hour prior to sundown on Friday until one hour after sundown on 
Saturday;
     All tractors are equipped with speed limiters;
     Drivers will use ELDs to track their duty time and HOS 
compliance;
     Drivers are limited to 10 hours of driving;
     MFT will monitor behavior-based event data via ELD; and
     MFT drivers must have a copy of this notice in their 
possession while operating under the terms of the exemption. This 
notice serves as the exemption document and must be presented to law 
enforcement officials upon request.
    The carriers and drivers must comply with all other requirements of 
the Federal Motor Carrier Safety Regulations (49 CFR parts 350-399).

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

[[Page 21918]]

conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption.

Notification to FMCSA

    MFT must notify FMCSA within 5 business days of any accidents (as 
defined by 49 CFR 390.5), involving the operation of any of its CMVs 
while utilizing this exemption. The notification must include the 
following information:
    (a) Date of the accident;
    (b) City or town, and State, in which the accident occurred, or 
closest to the accident scene;
    (c) Driver's name and license number;
    (d) Vehicle number and State license number;
    (e) Number of individuals suffering physical injury;
    (f) Number of fatalities;
    (g) The police-reported cause of the accident;
    (h) 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 of the 
CMV driver at the time of the accident.

Reports filed under this provision shall be emailed to [email protected]

VIII. Termination

    The FMCSA does not believe the team drivers covered by the 
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 of the exemption. The 
FMCSA will immediately revoke the exemption for failure to comply with 
its terms and conditions.

James A. Mullen,
Acting Administrator.
[FR Doc. 2020-08207 Filed 4-17-20; 8:45 am]
BILLING CODE 4910-EX-P
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