[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14189-14190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05904]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0262]
Hours of Service of Drivers: National Star Route Mail Contractors
Association; Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; denial of application for
exemption.
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SUMMARY: FMCSA announces that it has denied the National Star Route
Mail Contractors Association (NSRMCA) application to exempt its
contract carrier members from the ``14-hour rule'' of the Agency's
hours-of-service (HOS) regulations. NSRMCA requested that a driver of a
commercial motor vehicle (CMV) transporting U.S. mail be allowed to
follow an alternative HOS regimen consisting of no more than 10 hours
of driving following 8 consecutive hours off duty; the driver would
also be prohibited from driving after having been on duty for 15 non-
consecutive hours following 8 consecutive hours off duty. FMCSA
reviewed NSRMCA's application and the public comments received, and
denied the application because available information did not allow the
Agency to conclude that the proposed exemption would achieve a level of
safety that is equivalent to, or greater than, the level of safety that
would be obtained absent the exemption.
DATES: FMCSA denied the application for exemption by letter dated
January 12, 2016.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; Telephone: 202-366-4325. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of 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 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)).
NSRMCA Application for Exemption
NSRMCA is a national trade association representing contractors
transporting mail for the United States Postal Service (USPS) in all 50
States as well as U.S. territories.
On behalf of its members employing ``split-shift'' contract CMV
drivers, NSRMCA requested an exemption from the ``14-hour rule'' in 49
CFR 395.3(a)(2), which prohibits a property-carrying driver from
driving a CMV after 14 hours after coming on duty following 10
consecutive hours off duty. Under NSRMCA's proposal, a driver
transporting U.S. mail could drive a CMV no more than 10 (instead of
the normal 11) hours following 8 (instead of the normal 10) consecutive
hours off duty; and not drive after having been on duty 15 hours
following 8 consecutive hours off duty.
Public Comments
On August 20, 2015, FMCSA published in the Federal Register notice
of the NSRMCA application and requested public comment (80 FR 50711).
The Agency received 562 comments, 542 of which opposed the exemption
request. The commenters objected to the extension of the duty day,
which they said would lead to more fatigued drivers and, potentially,
an increase in CMV crashes. Several commenters saw this request as a
cost-cutting measure which would enable NSRMCA members to reduce the
number of CMV drivers they employed while performing the same level of
mail-delivery service. Others noted that FMCSA had denied an identical
request for the same exemption filed by the USPS (74 FR 23467, May 19,
2009). USPS had failed to demonstrate that the exemption would maintain
a level of safety equal to, or greater than, the level of safety
established by the current HOS rules.
Only 10 comments supported the exemption request, and two of them
were filed by the original petitioner, NSRMCA.
FMCSA Decision
The Agency's decision is based upon the information provided by the
applicants, review of comments received in response to the Federal
Register notice, and the substantial body of HOS research the FMCSA
relied upon to implement the 14-hour rule (68 FR 22473, April 28,
2003). The Agency concluded that the NSRMCA application failed to
demonstrate how it would ensure that the operations of its members
under the exemption would achieve a level of safety that would be
obtained in the absence of the exemption. NSRMCA's exemption would
allow drivers to operate for more hours and obtain less restorative
rest. FMCSA has denied the same request on two previous occasions.
NSRMCA did not provide any data, studies or research supporting its
recommendations or sufficient specific information about these
operations. Therefore, the Agency cannot determine that NSRMCA's
proposed exemption would meet the statutory requirement to maintain the
current levels of safety. Accordingly, FMCSA denied NSRMCA's
application for exemption by letter dated January 12, 2016.
[[Page 14190]]
Issued on: March 10, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-05904 Filed 3-15-16; 8:45 am]
BILLING CODE 4910-EX-P