[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Pages 48495-48496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17459]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0370]
Hours of Service of Drivers: U.S. Department of Energy (DOE);
FAST Act Extension of Expiration Date
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice; extension of exemption.
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SUMMARY: FMCSA announces the extension of the hours-of-service (HOS)
exemption granted to the U.S. Department of Energy (DOE) on June 30,
2015, for certain commercial motor vehicle (CMV) drivers. The Agency
extends the expiration date of the exemption 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 to 5
years from the date of issuance of the exemptions. The DOE exemption
from the Agency's 30-minute rest break requirement is limited to DOE's
contract motor carriers and their employee-drivers engaged in the
transportation of security-sensitive radioactive materials. The Agency
previously determined that CMV operations under this exemption would
likely achieve a level of safety equivalent to or greater than the
level of safety that would be obtained in the absence of the exemption.
DATES: This limited exemption is effective from June 30, 2015, through
June 29, 2020.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 614-942-6477. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Legal Basis
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)].
Section 5206(b)(2)(A) of the FAST Act requires FMCSA to extend all
exemptions from the HOS regulations (49 CFR part 395) that were in
effect on the date of enactment of the Act to a period of 5 years from
the date the exemption was granted. The exemption may be renewed.
Because this action merely implements a statutory mandate that took
effect on the date of enactment of the FAST Act, notice and comment are
not required.
DOE Exemption
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 promote safety at least as effectively as the break itself. The
notice renewing the DOE exemption was published on June 22, 2015 [80 FR
35703].
The substance of the 2015 exemption is not affected by this
extension. The DOE exemption covers only the 30-minute break
requirement [49 CFR 395.3(a)(3)(ii)] and is restricted to contract
motor carriers and their drivers employed by DOE transporting security-
sensitive radioactive materials. On each trip, the drivers are allowed
to use 30 minutes or more of ``attendance time'' to meet the
requirements for a rest break in the manner provided in 49 CFR
395.1(q), provided they perform no other on-duty activities during the
rest break.
The FMCSA does not believe the safety record of any driver
operating under this exemption will deteriorate. However, should
deterioration in safety occur, FMCSA will take all steps necessary to
protect the public interest, including revocation of the exemption. The
FMCSA has the authority to terminate the exemption at any time the
Agency has the data/information to
[[Page 48496]]
conclude that safety is being compromised.
Issued on: July 14, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-17459 Filed 7-22-16; 8:45 am]
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