[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Rules and Regulations]
[Pages 76241-76242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30028]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 395
Hours of Service of Drivers
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of suspension of enforcement.
-----------------------------------------------------------------------
SUMMARY: FMCSA suspends enforcement of certain sections of the Agency's
Hours of Service (HOS) rules as required by the Consolidated and
Further Continuing Appropriations Act, 2015, enacted December 16, 2014.
Specifically, FMCSA suspends the requirements regarding the restart of
a driver's 60- or 70-hour limit that drivers were required to comply
with beginning July 1, 2013. The restart provisions have no force or
effect from the date of enactment of the Appropriations Act through the
period of suspension, and such provisions are replaced with the
previous restart provisions in effect on June 30, 2013. FMCSA provides
this notification to motor carriers, commercial drivers, State Motor
Carrier Safety Assistance Program grant recipients and other law
enforcement personnel of these immediate enforcement changes.
DATES: The suspension of enforcement of Sec. 395.3(c) and (d) is
effective as of 12:01 a.m. on December 16, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Dee Williams, Chief, Compliance
Division, Office of Enforcement and Compliance, Federal Motor Carrier
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC
20590-
[[Page 76242]]
0001. Telephone (202) 366-1812 or [email protected]. Office hours
are from 8:00 a.m. to 4:30 p.m., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION: On December 27, 2011, FMCSA published a
final rule titled ``Hours of Service of Drivers.'' [76 FR 81134.] The
rule revised the HOS regulations and imposed certain limits on the use
of the 34-hour restart provision (49 CFR 395.3(c)-(d)). Compliance with
the revised restart provision began on July 1, 2013.
On December 16, 2014, the President signed the Consolidated and
Further Continuing Appropriations Act, 2015, which provides FY 2015
appropriations to the U.S. Department of Transportation, including
FMCSA. Section 133(a) of Title I of Division K of the Act declares that
49 CFR 395.3(c) and (d) ``shall have no force or effect from the date
of enactment of this Act until the later of September 30, 2015, or upon
submission of the final report issued by the Secretary [of
Transportation] under this section. The restart provisions in effect on
June 30, 2013, shall be in effect during this period.'' Section 133(a)
also prohibits FMCSA from using any of the funds appropriated or
otherwise made available by the Act to enforce Sec. 395.3(c) and (d).
Section 395.3(c) allows drivers to restart the calculation of their
60- or 70-hour limit by taking an off-duty period of at least 34
consecutive hours, including two periods from 1:00 a.m. to 5:00 a.m.
Under Sec. 395.3(d), only one restart authorized by Sec. 395.3(c) is
allowed per week (168 hours), measured from the beginning of the
previous restart period.
The restart provisions in effect on June 30, 2013, on the other
hand, allowed drivers to restart their 60- or 70-hour calculation by
taking at least 34 consecutive hours off duty, without any additional
limitations. Drivers are therefore authorized, as of 12:01 a.m. on
December 16, 2014, to resume use of the previous, unlimited restart
provision.
While the suspension of enforcement provision does not preempt
State law, in order to maintain enforcement activities and regulations
compatible with the Federal law and regulation, the funding
restrictions prohibit all agencies that receive Federal grant funds
under the Motor Carrier Safety Assistance Program (MCSAP) from using
MCSAP funding to engage in any enforcement activities based on the two
restart restrictions that went into effect on July 1, 2013.
Because Section 133 temporarily suspends, but does not rescind,
Sec. 395.3(c) and (d), no changes are being made to the text of those
provisions. The Act requires the Agency to perform ``a naturalistic
study of the operational, safety, health and fatigue impacts'' of those
restart provisions. The suspension of the restart rules that took
effect on July 1, 2013, and the availability to drivers of the restart
rules in effect on June 30, 2013, will continue until the end of Fiscal
Year 2015 (September 30) or until the final report on the naturalistic
study has been submitted to the House and Senate Committees on
Appropriations, whichever is later.
FMCSA will provide public notice of the date when the temporary
suspension ends and Sec. 395.3(c) and (d) regain their legal force and
effect.
Issued on: December 17, 2014.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2014-30028 Filed 12-18-14; 4:15 pm]
BILLING CODE 4910-EX-P