[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Notices]
[Pages 69625-69626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22648]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-22660]


Hours of Service of Drivers: United States Postal Service 
Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application for 
exemption from the hours-of-service (HOS) requirements from the United 
States Postal Service (USPS) on behalf of motor carriers that transport 
mail under contract for USPS. USPS requests that some of its contract 
motor carriers be allowed to operate under the HOS rules in effect 
prior to January 4, 2004. USPS believes the exemption would likely 
achieve a level of safety equivalent to, or greater than, the level 
achieved under the HOS rules applicable to operators of property-
carrying vehicles rules after January 4, 2004. FMCSA requests public 
comment on the USPS application for exemption.

DATES: Comments must be received on or before December 16, 2005.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FMCSA-2005-22660 using any of the following methods:
     Web site: http://dmses.dot.gov/submit/. Follow the 
instructions for submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number for this notice. Note that all comments received will be 
posted without change to http://dms.dot.gov including any personal 
information provided. Please see the Privacy Act heading for further 
information.
    Docket: For access to the docket to read background documents or

[[Page 69626]]

comments received, go to http://dms.dot.gov at any time or Room PL-401 
on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The DMS is available 24 hours each day, 365 
days each year. If you want us to notify you that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of DOT's dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, or other 
entity). You may review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477, Apr. 11, 
2000). This statement is also available at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and 
Operations, MC-PSD, Federal Motor Carrier Safety Administration, 400 
Seventh Street, SW., Washington, DC 20590-0001. Telephone: 202-366-
4009. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315 
and 31136(e) to provide authority to grant exemptions from motor 
carrier safety regulations. On December 8, 1998, the Federal Highway 
Administration's Office of Motor Carriers, the predecessor to FMCSA, 
published an interim final rule implementing sec. 4007 (63 FR 67600). 
On August 20, 2004, FMCSA published a final rule (69 FR 51589) on this 
subject. Under this rule, 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)). If the agency denies the request, it must state the reason 
for doing so. If the agency grants the exemption, the notice must 
specify the person or class of persons receiving the exemption, and the 
regulatory provision or provisions from which exemption is being 
granted. The notice must also specify the effective period of the 
exemption (up to 2 years), and explain the terms and conditions of the 
exemption. The exemption may be renewed (49 CFR 381.300(b)).

Request for Exemption

    The Federal HOS rules are generally applicable to motor carriers 
and drivers operating commercial motor vehicles, as defined in 49 CFR 
390.5, in interstate commerce. However, transportation performed by 
Federal, State or local government is exempt from requirements under 49 
CFR parts 390 through 399, including all HOS requirements under 49 CFR 
part 395 [Sec.  390.3(f)(2)]. Since USPS is an independent agency of 
the executive branch of the United States government, transportation 
performed by USPS qualifies for the Sec.  390.3(f)(2) exemption. 
Nonetheless, any motor carrier under contract with the USPS to 
transport its mail interstate--but which retains full responsibility 
for its CMVs, such that the transportation is not considered as 
performed by the USPS--remains subject to 49 CFR parts 300-399, 
including the HOS rules. The USPS contracts with motor carriers to 
perform interstate delivery of U.S. mail under such conditions, and has 
requested exemption from FMCSA's current HOS rules, allowing some of 
these motor carriers and drivers to operate under those HOS rules in 
effect prior to January 4, 2004.
    USPS requests the exemption apply to an unspecified number of motor 
carriers operating under approximately 5,100 separate contracts. USPS 
did not specify the number of drivers of property-carrying vehicles to 
be allowed to operate under the HOS requirements in effect prior to 
January 4, 2004. The HOS limits requested under the exemption for such 
drivers would be the same as current HOS limits for drivers of 
passenger-carrying vehicles.
    USPS states the motor carriers under contract conduct short-haul 
operations with an average delivery route of 61-miles roundtrip. USPS 
describes the drivers' schedules as ``split shift,'' but does not 
provide any details about the typical work schedule for drivers working 
on the contracted routes. Under the terms of the USPS contract, drivers 
are required to arrive and depart from postal facilities on schedule 
since deviation from the schedule would result in congestion at USPS 
trailer yards.
    USPS believes the exemption would achieve a level of safety 
equivalent to, or greater than, the level of safety obtained under the 
current 14-hour rule (which prohibits operators of property-carrying 
vehicles from driving after the 14th hour of coming on duty) because 
these drivers would be able to return home at the end of each work day 
rather than having to stay away from home overnight.
    A copy of the USPS exemption application is available for review in 
the docket for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on USPS's application for exemption from the 49 
CFR part 395 HOS requirements. The agency will consider all comments 
received by close of business on December 16, 2005. Comments will be 
available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. The agency will file comments 
received after the comment closing date in the public docket, and will 
consider them to the extent practicable. In addition to late comments, 
FMCSA will also continue to file, in the public docket, relevant 
information that becomes available after the comment closing date. 
Interested persons should monitor the public docket for new material.

    Issued on: November 8, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05-22648 Filed 11-15-05; 8:45 am]
BILLING CODE 4910-EX-P