[Federal Register Volume 78, Number 9 (Monday, January 14, 2013)]
[Notices]
[Pages 2711-2713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00510]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0370]
Hours of Service of Drivers: U.S. Department of Energy (DOE);
Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA has received an application from the U.S. Department of
Energy (DOE) for an exemption from the 30-minute rest break provision
of the Agency's hours-of-service (HOS) regulations for commercial motor
vehicle drivers. The exemption would enable DOE's contract motor
carriers and their employee-drivers engaged in the transportation of
security-sensitive radioactive materials to be treated similarly to
drivers of shipments of explosives. The exempted drivers would be
allowed to use 30 minutes or more of attendance time to meet the HOS
rest break requirements providing they do not perform any other work
during the break. FMCSA requests public comment on DOE's application
for exemption.
DATES: Comments must be received on or before February 13, 2013.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2012-0370 by any of the following
methods:
Federal eRulemaking Portal: //www.regulations.gov. Follow
the online instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-
[[Page 2712]]
140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. E.T., Monday
through Friday, except Federal holidays.
Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to www.regulations.gov, including any personal
information provided. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov, and follow the online
instructions for accessing the dockets, or go to the street address
listed above.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
U.S. Department of Transportation's online privacy policy at
www.dot.gov/privacy or the complete Privacy Act Statement in the
Federal Register published on December 29, 2010 (75 FR 82133).
Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can get electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. 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 online. Comments received after the
comment closing date will be included in the docket, and we will
consider late comments to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Bus and Truck Standards and
Operations; 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)).
Request for Exemption
Certain motor carriers under contract to the U.S. Department of
Energy (DOE) transport ``security-sensitive radioactive materials.''
DOE notes that the term includes transuranic waste; spent nuclear fuel;
radioactive sources classified as category 1 and 2 materials by the
International Atomic Energy Agency, including ``Highway route
controlled quantities,'' as defined in 49 CFR 173.403; or known
radionuclides in forms listed as RAM-QC by the Nuclear Regulatory
Commission.
DOE requests a limited exemption from the HOS regulation pertaining
to rest breaks [49 CFR 395.3(a)(3)(ii)], to allow contract driver-
employees transporting security-sensitive radioactive materials to be
treated the same as drivers transporting explosives, as provided in
Sec. 395.1(q). Section 395.1(q) states that operators of commercial
motor vehicles (CMV) carrying Division 1.1, 1.2, or 1.3 explosives
subject to the requirement for a 30-minute rest break in Sec.
395.3(a)(3)(ii) may use 30 minutes or more of ``attendance time'' to
meet the requirement for a rest break. Section 395.3(a)(3) becomes
effective on July 1, 2013.
DOE contends that shipments of security-sensitive radioactive
materials require a team of two drivers and the use of a sleeper berth
to minimize risk and expedite delivery in a safe and secure manner. DOE
asserts that granting the exemption would allow team drivers to manage
their en-route rest periods efficiently and also perform mandated
shipment security surveillance, resulting in a safe and secure driving
performance during a long distance trip.
DOE states that it has instituted several technical and
administrative controls to ensure the effective use of driver on-duty
and rest-break time, which would remain in effect under the requested
exemption. They include the following:
Real-time tracking and monitoring of transuranic waste and
security-sensitive shipments using DOE's satellite-based systems.
Use of electronic on-board recorders on trucks, which is
contractually required by for motor carriers involved in the Waste
Isolation Pilot Plant to ensure compliance with driver HOS rules.
Continuous monitoring of the safety performance of DOE-
qualified motor carriers using the FMCSA Compliance Safety
Accountability Program's Safety Measurement System, and DOE's Motor
Carrier Evaluation Program.
Further details regarding DOE's safety controls can be found in its
application for exemption. The application can be accessed in the
docket identified at the beginning of this notice. DOE contends that
these controls enable them to achieve a high level of safety and
security for transportation of security-sensitive radioactive
materials.
DOE anticipates no safety impacts from this exemption and notes
that in the preamble to the FMCSA final rule on the ``Hours of Service
of Drivers,'' dated December 27, 2011 (76 FR 81134), the Agency
addressed concerns from commenters regarding rest breaks for carriers
of hazardous materials. Section 395.1(q) allows drivers who are
required by Sec. 397.5 to attend a motor vehicle transporting certain
types of explosives but perform no other work, to log at least a half-
hour of their attendance time toward the break. The Agency cited a
recent study showing that on-duty breaks reduce the risk of crashes
after the break [76 FR 81154].
DOE believes that its contract employee drivers should be allowed
to follow the requirements in Sec. 395.1(q) when transporting
shipments of security-sensitive radioactive materials. DOE believes
that shipments made under the requested exemption would achieve a level
of safety and security that is at least equivalent to that which would
be obtained by following the normal break requirement in Sec.
395.3(a)(3)(ii).
DOE estimates that 30 power units and 53 drivers would currently be
eligible for the exemption, if granted. The proposed exemption would be
effective from July 1, 2013 through June 30, 2015, the maximum period
allowed
[[Page 2713]]
by Sec. 381.300. A copy of DOE's exemption application is available
for review in the docket for this notice.
Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA
requests public comment on DOE's application for an exemption from
certain provisions of the driver's record of duty status rules in 49
CFR part 395. The Agency will consider all comments received by close
of business on February 13, 2013. Comments will be available for
examination in the docket at the location listed under the ADDRESSES
section of this notice. The Agency will consider to the extent
practicable comments received in the public docket after the closing
date of the comment period.
Issued on: January 8, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-00510 Filed 1-11-13; 8:45 am]
BILLING CODE 4910-EX-P