Hours of Service (HOS) of Drivers; U.S. Department of Energy (DOE); Application for Renewal of Exemption, 40380-40382 [2020-14497]

Download as PDF 40380 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 VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 [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 Sfmt 4703 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 E:\FR\FM\06JYN1.SGM 06JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 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 VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 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 Frm 00198 Fmt 4703 Sfmt 4703 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 E:\FR\FM\06JYN1.SGM 06JYN1 40382 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. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 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. E:\FR\FM\06JYN1.SGM 06JYN1

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.

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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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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