[Federal Register Volume 78, Number 105 (Friday, May 31, 2013)]
[Notices]
[Pages 32700-32701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12907]



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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); 
Application for Exemption

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

ACTION: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant the U.S. Department of 
Energy (DOE) an exemption from the minimum 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.

DATES: This exemption is effective from July 1, 2013 through June 30, 
2015.

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 hours-of-service (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 (CMVs) carrying Division 1.1, 1.2, or 1.3 
explosives subject to the requirement for a minimum 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. 
Compliance with Sec.  395.3(a)(3) is required by 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 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, which can be accessed in the docket 
identified at the beginning of this notice. DOE contends that these 
controls enable it 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 by Sec.  381.300. A copy of DOE's exemption application is 
available for review in the docket for this notice.

Public Comments

    On January 13, 2013, FMCSA published notice of this application, 
and asked for public comment (78 FR 2711). Three comments were 
submitted. One individual opposed the exemption without stating a 
reason. Another individual also opposed the exemption, stating that if 
truck drivers who are not working for a Federal agency must observe the 
rule, then those who are working for a Federal agency should also be 
required to observe it. The

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Commercial Vehicle Safety Alliance (CVSA) also commented. Its members 
include representatives of Federal, State and local governments, as 
well as representatives of private industry. CVSA commented briefly 
that it did not oppose or support the exemption. Comments are available 
for review in the docket for this notice.

FMCSA Response

    The DOE did not base its request for an exemption on its status as 
a Federal agency. Rather, it provided the same justification for the 
request that would be required of any non-governmental agency.

FMCSA Decision

    The FMCSA has evaluated DOE's application for exemption and the 
public comments. The Agency believes that DOE will likely achieve a 
level of safety that is equivalent to, or greater than, the level of 
safety achieved without the exemption [49 CFR 381.305(a)].

Terms of the Exemption

Period of the Exemption

    This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is 
granted for the period from 12:01 a.m., July 1, 2013, through 11:59 
p.m. on June 30, 2015.

Extent of the Exemption

    The exemption is restricted to DOE's contract driver-employees 
transporting security-sensitive radioactive materials. This exemption 
is limited to the provisions of 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). These drivers must comply with all other 
applicable provisions of the FMCSRs.

Preemption

    In accordance with 49 U.S.C. 31315(d), during the period this 
exemption is in effect, no State shall enforce any law or regulation 
that conflicts with or is inconsistent with this exemption with respect 
to a firm or person operating under the exemption.

Notification to FMCSA

    The DOE must notify FMCSA within 5 business days of any accident 
(as defined in 49 CFR 390.5), involving any of the motor carrier's CMVs 
operating under the terms of this exemption. The notification must 
include the following information:
    a. Date of the accident,
    b. City or town, and State, in which the accident occurred, or 
closest to the accident scene,
    c. Driver's name and driver's license number and State of issuance
    d. Vehicle number and State license plate number,
    e. Number of individuals suffering physical injury,
    f. Number of fatalities,
    g. The police-reported cause of the accident,
    h. Whether the driver was cited for violation of any traffic laws 
or motor carrier safety regulations, and
    i. The driver's total driving time and total on-duty time period 
prior to the accident.
    Reports filed under this provision shall be emailed to 
[email protected].

Termination

    FMCSA does not believe the drivers covered by this exemption will 
experience any deterioration of their safety record. However, should 
this occur, FMCSA will take all steps necessary to protect the public 
interest, including revocation or restriction of the exemption. The 
FMCSA will immediately revoke or restrict the exemption for failure to 
comply with its terms and conditions.

    Issued on: May 22, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-12907 Filed 5-30-13; 8:45 am]
BILLING CODE 4910-EX-P