[Federal Register Volume 71, Number 146 (Monday, July 31, 2006)]
[Notices]
[Pages 43276-43277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12161]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-22936]


Hours of Service of Drivers; Application for Exemption; Landstar 
System, Inc.

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

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

-----------------------------------------------------------------------

SUMMARY: FMCSA announces that it has received an application from 
Landstar System, Inc. (Landstar) for an exemption from the commercial 
motor vehicle (CMV) drivers' hours-of-service regulations for its 
drivers when transporting high-security cargo that requires constant 
attendance. The HOS regulation requires that CMV drivers using the 
sleeper-berth exception remain in the sleeper berth for at least 8 
consecutive hours during one of the 2 rest periods used to accumulate 
the equivalent of 10 hours off duty. Landstar states that, for team-
driver operations, this prevents the driver in the sleeper berth from 
attending to the cargo while the other driver takes a restroom break, 
and conflicts with requirements for all persons to exit the vehicle for 
a security inspection when entering certain military installations. 
FMCSA requests public comment on the Landstar application for 
exemption.

DATES: Comments must be received on or before August 30, 2006.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2005-22936 by any of the following methods:
     Web site: http://dmses.dot.gov/submit/. Follow the 
instructions for submitting comments to the DOT Docket Management 
System (DMS) Web 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: To read background documents or 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; 49 U.S.C. 31315 and 
31136(e)) provides authority to grant exemptions from motor carrier 
safety regulations. On December 8, 1998, the FMCSA's predecessor 
published an interim final rule implementing sec. 4007 (63 FR 67600). 
On August 20, 2004, FMCSA published a final rule (69 FR 51589) that 
requires the Agency to publish a notice of each exemption request in 
the Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity for public comment on the request and to inspect 
information relevant to the application, including any safety analyses 
that have been conducted.
    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 Agency must 
publish its decision 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 also be renewed (49 CFR 381.300(b)).

Request for Exemption

    The hours-of-service (HOS) regulations for commercial motor vehicle 
(CMV) drivers in 49 CFR part 395 apply to motor carriers and drivers 
operating CMVs in interstate commerce, as defined in 49 CFR 390.5. 
Landstar transports sensitive cargo for the U.S. Department of Defense 
(DOD). Landstar states this high-risk cargo must be attended at all 
times as required by the Federal Motor Carrier Safety Regulations (49 
CFR 397.5) and DOD regulations.
    Landstar states that, during team-driver operations, the sleeper-
berth requirements for at least 8 consecutive hours sleeper-berth use 
(49 CFR 395.1(g)(ii)(A)(1)) would not allow the first operator 
(driving) to stop for a comfort break because the second operator (in 
the sleeper) would not be allowed to attend the vehicle without 
interrupting his or her 8 consecutive hours in the sleeper berth.
    Landstar also states that security procedures at military 
installations require both drivers to exit the vehicle for a security 
inspection when the vehicle enters the installation. For team drivers 
using the sleeper-berth HOS exception, the second operator would have 
to interrupt his or her 8 hours of

[[Page 43277]]

sleeper-berth time to accommodate these military security procedures.
    According to Landstar, both scenarios would interrupt the driver's 
8 hours of consecutive sleeper berth use, making it operationally 
impossible for them to comply with FMCSA and DOD rules and regulations.
    Landstar suggests that the sensitive military shipments should be 
considered as a national security risk. Landstar's concerns are: ``Will 
operators comply with FMCSA and take a comfort break without waking 
their partner and risk leaving a high risk load unattended? Or will 
operators comply with DOD/SDDC rules and wake the second seat operator 
to monitor the load, while breaking his 8 hours of rest?'' Landstar 
states that operators must choose between the two options. Landstar 
further states that, as the current rules are written, an operator 
transporting ``security clearance, high risk freight'' cannot comply 
with both the DOD and the FMCSA regulations.
    A copy of the Landstar's exemption application is available for 
review in the docket.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Landstar's application for exemption from 
the 49 CFR part 395 HOS requirements. The Agency will consider all 
comments received by close of business on August 30, 2006. 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: July 21, 2006.
David H. Hugel,
Acting Administrator.
[FR Doc. E6-12161 Filed 7-28-06; 8:45 am]
BILLING CODE 4910-EX-P