[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Notices]
[Pages 59848-59850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25132]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0197]


Hours of Service of Drivers: R&R Transportation Group; 
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 R&R Transportation 
Group (R&R) an exemption from the minimum 30-minute rest break 
requirement of the Agency's hours-of-service (HOS) regulations for 
commercial motor vehicle (CMV) drivers. FMCSA has analyzed the 
exemption application and the public comments and has determined that 
the exemption, subject to the terms and conditions imposed, will 
achieve a level of safety that is equivalent to, or greater than, the 
level that would be achieved absent such exemption. The exemption is 
available only to R&R's drivers engaged in the transportation of 
materials that by their nature must be attended, such as radioactive 
materials, pharmaceuticals, and ammunition. The exemption provides 
these drivers the same regulatory flexibility that the HOS regulations 
allow drivers transporting explosives, i.e., to use 30 minutes or more 
of on-duty attendance time to meet the HOS rest break requirements, 
provided they do not perform any other work during the break.

DATES: The exemption is effective October 2, 2015 and expires on 
October 2, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Schultz, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; 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)).
    On December 27, 2011, FMCSA published a final rule amending the HOS 
regulations (49 CFR part 395) for drivers of CMVs (76 FR 81133). The 
final rule included a new provision requiring certain drivers to take a 
rest break during their duty day. Specifically, the rule states that 
``driving is not permitted if more than 8 hours have passed since the 
end of the driver's last off-duty or sleeper-berth period of at least 
30 minutes'' [49 CFR 395.3(a)(3)(ii)]. This provision took effect on 
July 1, 2013.
    Under the HOS rules, a driver is on duty if he or she is 
``performing any other work in the capacity, employ, or service of a 
motor carrier'' (Sec.  395.2). A driver is off duty when relieved of 
all duty and responsibility for the care and custody of the vehicle, 
its accessories, and any cargo it may be carrying. However, the Agency 
has recognized that under certain circumstances it is unsafe for CMVs 
to be left unattended so that the driver can take 30 minutes off duty. 
By regulation, FMCSA allows operators of CMVs transporting certain 
explosives to satisfy the rest-break requirement by using 30 minutes or 
more of on-duty attendance time providing they perform no other work 
during the break [49 CFR 395.1(q)]. Drivers employing this provision 
are required to annotate their duty-status record to indicate that they 
have used the exception.
    The Agency has granted temporary exemptions of the type provided by 
49 CFR 395.1(q) to drivers transporting security-sensitive radioactive 
materials (78 FR 32700, May 31, 2013), weapons, munitions, and 
sensitive/classified cargo (80 FR 20556, April 16, 2015), and oversize/
overweight (OS/OW) loads (80 FR 34957, June 18, 2015).

[[Page 59849]]

Request for Exemption

    R&R operates three for-hire motor carriers that transport property 
in interstate commerce: R & R Trucking, Inc., USDOT 382936; TNI USA 
Inc. NC dba AATCO, USDOT 513601; and NEI Transport, LLC, USDOT 676270. 
R&R indicates that these three entities operate 255 power units and 
that approximately 290 drivers would be covered by the exemption. R&R's 
application for exemption states that the goods it transports are of 
such a nature or value that its drivers must keep the CMV under 
constant observation to prevent theft or an adverse security incident. 
The application provides examples of the goods transported by R&R CMVs: 
weapons, ammunition, night-vision goggles, pharmaceuticals, and 
radioactive materials. R&R maintains constant attendance of such loads 
in order to protect the public from a major security or hazardous 
material event. R&R states that Federal contracts often require CMV 
drivers to maintain constant surveillance of the vehicle, and may 
require the driver of an escort CMV to maintain constant surveillance 
as well. In addition, R&R states that the U.S. Department of Homeland 
Security may require surveillance as part of a security alert posted in 
the National Terrorism Advisory System, and that some Federal agencies, 
in response to a threat, establish a security threat zone, or geo-
fence, restricting or barring further movement of an R&R CMV. R&R 
states that the Department of Defense provides documentation to CMV 
drivers to alert roadside inspectors of surveillance requirements.
    R&R requested an exemption from the HOS regulation pertaining to 
rest breaks [49 CFR 395.3(a)(3)(ii)] to allow R&R drivers providing 
surveillance services to be treated the same as CMV drivers attending 
explosives under Sec.  395.1(q). R&R believes that transportation under 
the requested exemption would achieve a level of safety and security 
that is at least equivalent to what would be obtained by following the 
normal break requirements in Sec.  395.3(a)(3)(ii). R&R states that it 
will restrict its drivers of such CMVs from performing any other on-
duty functions while satisfying the 30-minute break requirement. R&R 
states that it will require its drivers to annotate their records of 
duty status to indicate on-duty periods used to satisfy the rest-break 
requirement in accordance with Sec.  395.1(q).
    It should be noted that there is no motive for a driver or carrier 
to claim this exemption when not entitled to it. A driver who is not 
required constantly to attend his or her vehicle must take the minimum 
30-minute rest break as off-duty time, which does not count against the 
driving window of 60 hours on duty in 7 days or 70 hours in 8 days. A 
driver claiming this exemption unnecessarily would be required to take 
the same rest breaks, but would be on-duty and the time would count 
against the 60- or 70-hour limit.

Public Comments

    On July 13, 2015, FMCSA published notice of this application, and 
asked for public comment (80 FR 40120). No comments were received to 
the docket.

FMCSA Decision

    FMCSA has evaluated R&R's application for exemption. The Agency 
believes that R&R's carriers 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)], and therefore grants this exemption, 
subject to the terms and conditions outlined below.

Terms of the Exemption

    1. Drivers of R & R Trucking, Inc., USDOT 382936; TNI USA Inc. NC 
dba AATCO, USDOT 513601; and NEI Transport, LLC, USDOT 676270, who are 
transporting materials that by their nature must be attended, such as 
radioactive materials, pharmaceuticals, and ammunition, are exempt from 
the requirement for a 30-minute rest break in Sec.  395.3(a)(3)(ii). 
Drivers of loads not moving in interstate commerce are not eligible for 
this exemption.
    2. Drivers must have a copy of this exemption document in their 
possession while operating under the terms of the exemption and present 
it to law enforcement officials upon request.
    3. The motor carriers operating under this exemption must maintain 
a ``Satisfactory'' safety rating with FMCSA, or be ``Unrated.'' Motor 
carriers with ``Conditional'' or ``Unsatisfactory'' FMCSA safety 
ratings are prohibited from using this exemption.
    4. The motor carriers operating under this exemption must maintain 
Safety Measurement System (SMS) scores below FMCSA's intervention 
thresholds, as displayed at http://ai.fmcsa.dot.gov/sms/.

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., October 2, 2015 through 11:59 
p.m., October 2, 2017.

Extent of the Exemption

    This exemption is limited to the provisions of 49 CFR 
395.3(a)(3)(ii). These drivers must comply with all other applicable 
provisions of the FMCSRs.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.

Notification to FMCSA

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

Termination

    FMCSA believes the motor carriers engaged in these operations will 
continue to maintain their previous safety record while operating under 
this exemption. However, should problems occur, FMCSA will take all 
steps necessary to protect the public interest, including immediate 
revocation or restriction of the exemption. The FMCSA will immediately 
revoke or restrict the exemption for failure to comply with its terms 
and conditions.


[[Page 59850]]


    Issued on: September 25, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-25132 Filed 10-1-15; 8:45 am]
 BILLING CODE 4910-EX-P