Hours of Service (HOS) of Drivers; U.S. Department of Energy (DOE); Application for Renewal of Exemption, 40380-40382 [2020-14497]
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Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices
applied to the above-named entities
unless and until further notice.
replaces Designation and Determination
No. 2019–5 of October 15, 2019.
Clifton C. Seagroves,
Principal Deputy Director, Office of Foreign
Missions, Department of State.
Clifton C. Seagroves,
Principal Deputy Director, Office of Foreign
Missions, Department of State.
[FR Doc. 2020–14440 Filed 7–2–20; 8:45 am]
[FR Doc. 2020–14443 Filed 7–2–20; 8:45 am]
BILLING CODE 4710–43–P
BILLING CODE 4710–43–P
DEPARTMENT OF STATE
DEPARTMENT OF TRANSPORTATION
[Public Notice 11152]
Federal Motor Carrier Safety
Administration
khammond on DSKJM1Z7X2PROD with NOTICES
Designation and Determination
Pursuant to the Foreign Missions Act
Pursuant to the authority vested in the
Secretary of State under the Foreign
Missions Act, 22 U.S.C. 4301, et seq.
(‘‘the Act’’), and delegated from the
Under Secretary for Management
pursuant to the Delegation of Authority
No. 484, dated May 26, 2020, I hereby
designate engagements between Chinese
members of the People’s Republic of
China’s foreign missions and any
personnel, including but not limited to
elected and appointed officials,
representatives, and employees, of:
1. Any state, local, or municipal
government;
2. any educational institution (public
or private); and
3. any research institution (public or
private), including national laboratories;
located in the United States and its
territories, as well as any visit by
Chinese members of the People’s
Republic of China’s foreign missions to
any such sub-national governmental
facilities, educational institutions, or
research institutions, as a benefit under
the Act. I hereby determine it is
reasonably necessary to achieve one or
more of the purposes set forth in section
204(b) of the Act (22 U.S.C. 4304(b)) to
require all Chinese members of the
People’s Republic of China’s foreign
missions in the United States, including
all personnel of the Government of the
People’s Republic of China temporarily
visiting the United States or its
territories traveling on A–1, A–2, G–1,
G–2 or G–3 visas, as well as any member
of their household accompanying any
such individual, to submit advance
notification to the Office of Foreign
Missions of such engagements or visits
and to comply with any other
requirements as may be established by
the Director or Deputy Director of the
Office of Foreign Missions with respect
to this Designation and Determination,
as well as to authorize the Deputy
Director of the Office of Foreign
Missions to modify application of these
requirements as circumstances warrant.
This Designation and Determination
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[Docket No. FMCSA–2012–0370]
Hours of Service (HOS) of Drivers; U.S.
Department of Energy (DOE);
Application for Renewal of Exemption
Federal Motor Carrier Safety
Administration (FMCSA),
Transportation (DOT).
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
FMCSA announces its
decision to grant the application of the
U.S. Department of Energy (DOE) for a
renewal of its exemption from the 30minute rest break provision of the
Agency’s hours-of-service (HOS)
regulations for commercial motor
vehicle (CMV) drivers. DOE currently
holds an exemption for the period
through June 29, 2020, which enables
DOE’s contract motor carriers and their
employee-drivers engaged in the
transportation of security-sensitive
radioactive materials to be treated
similarly to drivers of shipments of
explosives. The exempted drivers will
be allowed to use 30 minutes or more
of on-duty ‘‘attendance time’’ to meet
the HOS rest break requirements
providing they do not perform any other
work during the break.
DATES: The requested exemption
renewal is effective from June 30, 2020,
through September 29, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards,
FMCSA; Telephone: 202–366–4325.
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:
SUMMARY:
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–2012–0370 in
PO 00000
Frm 00197
Fmt 4703
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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. To be sure
someone is there to help you, please call
(202) 366–9317 or (202) 366–9826
before visiting Docket Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b) to grant
exemptions from the Federal Motor
Carrier Safety Regulations. 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 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 5 years), and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
III. Background
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 likely provide a level of
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Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices
safety equivalent to what would be
achieved by the break. The notice
renewing the DOE exemption was
published on June 22, 2015 (80 FR
35703).
On July 25, 2016 (81 FR 48495),
FMCSA announced the extension of the
2015 DOE exemption notice 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 (Dec.
4, 2015) to five years from the date of
issuance of the exemptions. DOE has
now requested a renewal of the
exemption. A copy of DOE’s request is
in the docket referenced at the
beginning of this notice.
negative consequences to the exemption, the
transport of radioactive materials provides
similar risks that explosives drivers also are
granted exemption for, and after five years of
this exemption the exemption appears to be
having the desired impact without creating
additional risks.
IV. Method To Ensure an Equivalent or
Greater Level of Safety
DOE has implemented several
technical and administrative controls to
ensure the continued effective use of
driver on-duty and rest-break time,
which would remain in effect under the
requested exemption renewal. They
include the following:
• Real-time tracking and monitoring
of transuranic waste and securitysensitive shipments using DOE’s
satellite-based systems;
• Use of electronic on-board recorders
on trucks, which are contractually
required for motor carriers involved in
the Waste Isolation Pilot Plant to ensure
compliance with driver HOS rules; and
• Continuous monitoring of the
performance of DOE-qualified motor
carriers using the FMCSA Compliance
Safety Accountability Program’s Safety
Measurement System, and DOE’s Motor
Carrier Evaluation Program.
Further details regarding DOE’s safety
controls can be found in its application
for a renewal of the exemption. The
application can be accessed in the
docket identified at the beginning of this
notice. DOE contends that these controls
enable them to achieve a high level of
safety and security for transportation of
security-sensitive radioactive materials.
VI. FMCSA Decision
In reviewing the DOE request, FMCSA
considered a wide range of studies,
including the 2011 Blanco study,1
coupled with the analysis of the safety
performance data and information for
the motor carriers that have been
granted exemptions similar to DOE’s.
The Agency continues to believe that
on-duty breaks from the driving task
provide safety benefits essentially
equivalent to those produced by an offduty break (as well as productivity
benefits). The Blanco study
demonstrates that breaks of at least 30
minutes—whether on or off-duty—
reduce safety critical events in the hour
after driving resumes. This conclusion
is consistent with the safety rationale
presented in the preamble to the June 1,
2020 in the recent HOS final rule (85 FR
33396, 33452) which revised 49 CFR
395.3(a)(3)(ii).
The Agency has analyzed DOE’s
application for renewal and comments
filed to the docket and believe the
application for exemption renewal is
likely to achieve a level of safety that is
equivalent to, or greater than, the level
that would be achieved absent such
exemption.
V. Public Comments
On April 23, 2020, FMCSA published
notice of this application, and requested
public comment (85 FR 22785). Two
comments were submitted, one by an
individual, Garrett Chaffey, and the
other by the Commercial Vehicle Safety
Alliance (CVSA). Both supported the
exemption.
Garrett Chaffey wrote:
Period of the Exemption
The exemption from the requirements
of 49 CFR 395.3(a)(3)(ii) is granted for
the period from 12:01 a.m., June 30,
2020, through 11:59 p.m. on September
29, 2020. Thereafter, revised
§ 395.3(a)(3)(ii) will make this
exemption unnecessary.
In conclusion, the DOE should be granted
the continued exemption as requested
because the DOE is best situated to evaluate
its needs, there is a lack of evidence of
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CVSA wrote the following:
CVSA believes that DOE drivers have
demonstrated an ability to maintain an
equivalent level of safety under this
exemption and does not oppose the renewal.
However, FMCSA recently released a final
rule that makes changes to the hours-ofservice requirements that addresses DOE’s
scenario, by allowing all drivers to satisfy the
30-minute rest break requirement with any
non-driving time. As a result, the Alliance
supports extending DOE’s exemption through
the implementation date of the new hours-ofservice regulations, at which time the
exemption will no longer be necessary.
VII. Terms of the Exemption
1 Blanco, M., Hanowski, R., Olson, R., Morgan, J.,
Soccolich, S., Wu, S.C., & Guo, F. (2011) ‘‘The
Impact of Driving, Non-Driving Work, and Rest
Breaks on Driving Performance in Commercial
Motor Vehicle Operations.’’ Available in this
rulemaking docket.
PO 00000
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40381
Extent of the Exemption
The exemption is restricted to DOE’s
contract driver-employees transporting
security-sensitive radioactive materials.
This exemption is limited to the
provisions of 49 CFR 395.3(a)(3)(ii) to
allow contract driver-employees
transporting security-sensitive
radioactive materials to be treated the
same as drivers transporting explosives,
as provided in § 395.1(q). These drivers
must comply with all other applicable
provisions of the FMCSRs.
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
conflicts with or is inconsistent with
this exemption with respect to a firm or
person operating under the exemption.
Notification to FMCSA
The DOE must notify FMCSA within
5 business days of any accident (as
defined in 49 CFR 390.5), involving any
of the motor carrier’s CMVs operating
under the terms of this exemption. The
notification must include the following
information:
a. Exemption Identity: ‘‘DOE’’;
b. Name of operating motor 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 driver’s license
number and State of issuance;
f. Vehicle number and State license
plate number;
g. Number of individuals suffering
physical injury;
h. Number of fatalities;
i. The police-reported cause of the
accident;
j. 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 period prior to the
accident.
Reports filed under this provision
shall be emailed to MCPSD@DOT.GOV.
Termination
FMCSA does not believe the drivers
covered by this 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 or restriction of the
exemption. The FMCSA will
immediately revoke or restrict the
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Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices
exemption for failure to comply with its
terms and conditions.
James A. Mullen,
Deputy Administrator.
[FR Doc. 2020–14497 Filed 7–2–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE TREASURY
Bureau of the Fiscal Service
Proposed Collection of Information:
Generic Clearance for the Collection of
Qualitative Feedback on Agency
Service Delivery
Notice and request for
comments.
ACTION:
The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995
(PRA). Currently the Bureau of the
Fiscal Service within the Department of
the Treasury is soliciting comments
concerning the Generic Clearance for
the Collection of Qualitative Feedback
on Agency Service Delivery.
DATES: Written comments should be
received on or before September 4, 2020
to be assured of consideration.
ADDRESSES: Direct all written comments
and requests for additional information
to Bureau of the Fiscal Service, Bruce A.
Sharp, Room #4006–A, P.O. Box 1328,
Parkersburg, WV 26106–1328, or
bruce.sharp@fiscal.treasury.gov.
SUPPLEMENTARY INFORMATION:
Title: Generic Clearance for the
Collection of Qualitative Feedback on
Agency Service Delivery.
OMB Number: 1530–0023.
Abstract: The Bureau of the Fiscal
Service conducts various surveys, focus
groups, and interviews to assess the
effectiveness and efficiency of existing
products and services; to obtain
knowledge about the potential public
audiences attracted to new products
being introduced; and to measure
awareness and appeal of efforts to reach
audiences and customers.
Current Actions: Extension of a
currently approved collection.
Type of Review: Regular.
Affected Public: Individuals or
Households.
Estimated Number of Respondents:
75,000.
Estimated Time per Respondent: 8
minutes.
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SUMMARY:
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04:41 Jul 03, 2020
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Estimated Total Annual Burden
Hours: 10,000.
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for Office of Management and
Budget (OMB) approval. All comments
will become a matter of public record.
Comments are invited on: 1. Whether
the collection of information is
necessary for the proper performance of
the functions of the agency, including
whether the information shall have
practical utility; 2. the accuracy of the
agency’s estimate of the burden of the
collection of information; 3. ways to
enhance the quality, utility, and clarity
of the information to be collected; 4.
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology;
and 5. estimates of capital or start-up
costs and costs of operation,
maintenance, and purchase of services
to provide information.
Dated: June 29, 2020.
Bruce A. Sharp,
Bureau PRA Clearance Officer.
[FR Doc. 2020–14342 Filed 7–2–20; 8:45 am]
BILLING CODE 4810–AS–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Notice of OFAC Sanctions Actions
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
The U.S. Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the names
of one or more persons that have been
placed on OFAC’s Specially Designated
Nationals and Blocked Persons List
based on OFAC’s determination that one
or more applicable legal criteria were
satisfied. All property and interests in
property subject to U.S. jurisdiction of
these persons are blocked, and U.S.
persons are generally prohibited from
engaging in transactions with them.
DATES: See Supplementary Information
section for applicable date(s).
FOR FURTHER INFORMATION CONTACT:
OFAC: Associate Director for Global
Targeting, tel.: 202–622–2420; Assistant
Director for Sanctions Compliance &
Evaluation, tel.: 202–622–2490;
Assistant Director for Licensing, tel.:
202–622–2480; Assistant Director for
Regulatory Affairs, tel.: 202–622–4855.
SUPPLEMENTARY INFORMATION: Electronic
Availability
SUMMARY:
PO 00000
Frm 00199
Fmt 4703
Sfmt 4703
The Specially Designated Nationals
and Blocked Persons List and additional
information concerning OFAC sanctions
programs are available on OFAC’s
website (www.treasury.gov/ofac).
Notice of OFAC Actions
On November 5, 2019, OFAC
determined that the property and
interests in property subject to U.S.
jurisdiction of the following persons are
blocked under the relevant sanctions
authority listed below.
Individuals
1. BLANCO HURTADO, Nestor Neptali,
Miranda, Venezuela; DOB 26 Sep 1982;
nationality Venezuela; Gender Male;
Cedula No. 15222057 (Venezuela)
(individual) [VENEZUELA–EO13884].
Identified as meeting the definition of the
term, ‘‘Government of Venezuela,’’ pursuant
to section 6(d) of Executive Order 13884,
‘‘Blocking Property of the Government of
Venezuela,’’ 84 FR 38843 (‘‘E.O. 13884’’ or
the ‘‘Order’’), for acting of purported to act
for or on behalf of, directly or indirectly, the
Government of Venezuela.
2. CEBALLOS ICHASO, Remigio, Caracas,
Capital District, Venezuela; DOB 01 May
1963; Gender Male; Cedula No. 6557495
(Venezuela) (individual) [VENEZUELA–
EO13884].
Identified as meeting the definition of the
term, ‘‘Government of Venezuela,’’ pursuant
to section 6(d) of the Order, for acting of
purported to act for or on behalf of, directly
or indirectly, the Government of Venezuela.
3. CARRENO ESCOBAR, Pedro Miguel, Delta
Amacuro, Venezuela; DOB 24 Apr 1961;
Gender Male; Cedula No. 8142392
(Venezuela) (individual) [VENEZUELA–
EO13884].
Identified as meeting the definition of the
term, ‘‘Government of Venezuela,’’ pursuant
to section 6(d) of the Order, for acting of
purported to act for or on behalf of, directly
or indirectly, the Government of Venezuela.
4. ORNELAS FERREIRA, Jose Adelino (a.k.a.
ORNELLA FERREIRA, Jose Adelino;
a.k.a. ORNELLAS FERREIRA, Jose
Adelino), Caracas, Capital Disrict,
Venezuela; DOB 14 Dec 1964; Gender
Male; Cedula No. 7087964 (Venezuela)
(individual) [VENEZUELA–EO13884].
Identified as meeting the definition of the
term, ‘‘Government of Venezuela,’’ pursuant
to section 6(d) of the Order, for acting of
purported to act for or on behalf of, directly
or indirectly, the Government of Venezuela.
5. CALDERON CHIRINOS, Carlos Alberto,
Maracaibo, Zulia, Venezuela; DOB 03 Jul
1970; Gender Male; Cedula No.
10352300 (Venezuela) (individual)
[VENEZUELA–EO13884].
Identified as meeting the definition of the
term, ‘‘Government of Venezuela,’’ pursuant
to section 6(d) of the Order, for acting of
purported to act for or on behalf of, directly
or indirectly, the Government of Venezuela.
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]]>Agencies
[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Notices]
[Pages 40380-40382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14497]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0370]
Hours of Service (HOS) of Drivers; U.S. Department of Energy
(DOE); Application for Renewal of Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA),
Transportation (DOT).
ACTION: Notice of final disposition; grant of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant the application of the
U.S. Department of Energy (DOE) for a renewal of its exemption from the
30-minute rest break provision of the Agency's hours-of-service (HOS)
regulations for commercial motor vehicle (CMV) drivers. DOE currently
holds an exemption for the period through June 29, 2020, which enables
DOE's contract motor carriers and their employee-drivers engaged in the
transportation of security-sensitive radioactive materials to be
treated similarly to drivers of shipments of explosives. The exempted
drivers will be allowed to use 30 minutes or more of on-duty
``attendance time'' to meet the HOS rest break requirements providing
they do not perform any other work during the break.
DATES: The requested exemption renewal is effective from June 30, 2020,
through September 29, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; Telephone: 202-366-4325. 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-2012-0370 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. To be sure
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Docket Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from the Federal Motor Carrier Safety Regulations. 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 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 5 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
III. Background
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 likely provide a level of
[[Page 40381]]
safety equivalent to what would be achieved by the break. The notice
renewing the DOE exemption was published on June 22, 2015 (80 FR
35703).
On July 25, 2016 (81 FR 48495), FMCSA announced the extension of
the 2015 DOE exemption notice 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 (Dec. 4, 2015) to five
years from the date of issuance of the exemptions. DOE has now
requested a renewal of the exemption. A copy of DOE's request is in the
docket referenced at the beginning of this notice.
IV. Method To Ensure an Equivalent or Greater Level of Safety
DOE has implemented several technical and administrative controls
to ensure the continued effective use of driver on-duty and rest-break
time, which would remain in effect under the requested exemption
renewal. They include the following:
Real-time tracking and monitoring of transuranic waste and
security-sensitive shipments using DOE's satellite-based systems;
Use of electronic on-board recorders on trucks, which are
contractually required for motor carriers involved in the Waste
Isolation Pilot Plant to ensure compliance with driver HOS rules; and
Continuous monitoring of the performance of DOE-qualified
motor carriers using the FMCSA Compliance Safety Accountability
Program's Safety Measurement System, and DOE's Motor Carrier Evaluation
Program.
Further details regarding DOE's safety controls can be found in its
application for a renewal of the exemption. The application can be
accessed in the docket identified at the beginning of this notice. DOE
contends that these controls enable them to achieve a high level of
safety and security for transportation of security-sensitive
radioactive materials.
V. Public Comments
On April 23, 2020, FMCSA published notice of this application, and
requested public comment (85 FR 22785). Two comments were submitted,
one by an individual, Garrett Chaffey, and the other by the Commercial
Vehicle Safety Alliance (CVSA). Both supported the exemption.
Garrett Chaffey wrote:
In conclusion, the DOE should be granted the continued exemption
as requested because the DOE is best situated to evaluate its needs,
there is a lack of evidence of negative consequences to the
exemption, the transport of radioactive materials provides similar
risks that explosives drivers also are granted exemption for, and
after five years of this exemption the exemption appears to be
having the desired impact without creating additional risks.
CVSA wrote the following:
CVSA believes that DOE drivers have demonstrated an ability to
maintain an equivalent level of safety under this exemption and does
not oppose the renewal. However, FMCSA recently released a final
rule that makes changes to the hours-of-service requirements that
addresses DOE's scenario, by allowing all drivers to satisfy the 30-
minute rest break requirement with any non-driving time. As a
result, the Alliance supports extending DOE's exemption through the
implementation date of the new hours-of-service regulations, at
which time the exemption will no longer be necessary.
VI. FMCSA Decision
In reviewing the DOE request, FMCSA considered a wide range of
studies, including the 2011 Blanco study,\1\ coupled with the analysis
of the safety performance data and information for the motor carriers
that have been granted exemptions similar to DOE's. The Agency
continues to believe that on-duty breaks from the driving task provide
safety benefits essentially equivalent to those produced by an off-duty
break (as well as productivity benefits). The Blanco study demonstrates
that breaks of at least 30 minutes--whether on or off-duty--reduce
safety critical events in the hour after driving resumes. This
conclusion is consistent with the safety rationale presented in the
preamble to the June 1, 2020 in the recent HOS final rule (85 FR 33396,
33452) which revised 49 CFR 395.3(a)(3)(ii).
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\1\ Blanco, M., Hanowski, R., Olson, R., Morgan, J., Soccolich,
S., Wu, S.C., & Guo, F. (2011) ``The Impact of Driving, Non-Driving
Work, and Rest Breaks on Driving Performance in Commercial Motor
Vehicle Operations.'' Available in this rulemaking docket.
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The Agency has analyzed DOE's application for renewal and comments
filed to the docket and believe the application for exemption renewal
is likely to achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption.
VII. Terms of the Exemption
Period of the Exemption
The exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is
granted for the period from 12:01 a.m., June 30, 2020, through 11:59
p.m. on September 29, 2020. Thereafter, revised Sec. 395.3(a)(3)(ii)
will make this exemption unnecessary.
Extent of the Exemption
The exemption is restricted to DOE's contract driver-employees
transporting security-sensitive radioactive materials. This exemption
is limited to the provisions of 49 CFR 395.3(a)(3)(ii) to allow
contract driver-employees transporting security-sensitive radioactive
materials to be treated the same as drivers transporting explosives, as
provided in Sec. 395.1(q). These drivers must comply with all other
applicable provisions of the FMCSRs.
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 conflicts with or is inconsistent with this exemption with respect
to a firm or person operating under the exemption.
Notification to FMCSA
The DOE must notify FMCSA within 5 business days of any accident
(as defined in 49 CFR 390.5), involving any of the motor carrier's CMVs
operating under the terms of this exemption. The notification must
include the following information:
a. Exemption Identity: ``DOE'';
b. Name of operating motor 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 driver's license number and State of issuance;
f. Vehicle number and State license plate number;
g. Number of individuals suffering physical injury;
h. Number of fatalities;
i. The police-reported cause of the accident;
j. 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 period
prior to the accident.
Reports filed under this provision shall be emailed to
[email protected]
Termination
FMCSA does not believe the drivers covered by this 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 or restriction of the exemption. The
FMCSA will immediately revoke or restrict the
[[Page 40382]]
exemption for failure to comply with its terms and conditions.
James A. Mullen,
Deputy Administrator.
[FR Doc. 2020-14497 Filed 7-2-20; 8:45 am]
BILLING CODE 4910-EX-P
