[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Notices]
[Pages 45197-45199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18568]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0302]


Hours of Service of Drivers: Transco, Inc.; 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 Transco, Inc.'s 
(Transco) request for exemption from the 30-minute rest break provision 
of the Agency's hours-of-service (HOS) regulations for commercial motor 
vehicle (CMV) drivers. The exemption will enable Transco's drivers to 
comply with the 30-minute break requirement while performing on-duty 
not-driving tasks. The exemption applies to all Transco drivers in its 
grocery division who make wholesale deliveries to grocery and 
convenience stores.

[[Page 45198]]


DATES: This exemption is effective August 28, 2019 and expires August 
28, 2024.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-2722. Email: 
[email protected]. If you have questions on viewing or submitting 
material to the docket, contact Docket Services, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, ``FMCSA-2018-0302'' in the ``Keyword'' box and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document to review. If you do not have access to the internet, you 
may view the docket in person, by visiting the Docket Management 
Facility in Room W12-140 on the ground floor of the DOT West Building, 
1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 
p.m., e.t., Monday through Friday, except Federal holidays.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain Federal Motor Carrier Safety Regulations 
(FMCSRs). 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 (up to 5 
years) and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

III. Request for Exemption

    Transco seeks an exemption from the 30-minute rest break provision 
in 49 CFR 395.3(a)(3)(ii). Specifically, Transco requests an exemption 
that would allow the grocery division drivers to take a 30-minute on-
duty, non-driving break in place of the 30-minute off-duty rest break 
currently required. McLane, Transco's parent company, is one of the 
nation's largest entities engaged in supply chain services, providing 
grocery and foodservice supply chain solutions for convenience stores, 
mass merchants, drug stores and restaurants throughout the United 
States. Approximately 3,580 Transco drivers would be eligible for the 
requested exemption. These drivers utilize approximately 1,700 CMVs in 
Transco's fleet, which consist almost exclusively of tractors equipped 
with sleeper berths, usually pulling 48- or 53-foot trailers. The 
grocery division operations are similar to short haul in that they are 
low mileage exposure and have multiple deliveries.
    In most cases Transco relies on team drivers who alternate during 
shift deliveries. Total trip time averages 17.2 hours. However, total 
driving time for both drivers combined averages just 9.1 hours. Each 
driver spends, on average, only 4.55 hours or 32.5% of their shift 
engaged in driving.
    For the following reasons, Transco contends that its operations are 
characterized by factors that make the driving involved low risk and 
less susceptible to the type of fatigue associated with long-haul 
driving:
     Transco's drivers operate largely on local roads at low 
speeds, which reduces fatigue risk.
     Its operations are characterized by multiple short driving 
periods interrupted by breaks, which precludes development of time-on-
task fatigue and improves driver performance. Its drivers alternate 
between driving, unloading, and resting without spending significant 
continuous periods of time driving.
     Its drivers have regular schedules and routes and return 
home after every trip. Approximately 85% of Transco's drivers work 
fixed schedules and routes with minimal trip-to-trip variations. 
Transco's trips begin and end at the same place.
     Transco practices proactive safety management. The 
company's application highlights several additional proactive safety 
management practices currently in place in connection with its Grocery 
Operations. These include DriveCam video monitoring; increased safety 
inspections and meetings; mandatory driver safety training; and 
manufacturer-installed collision avoidance systems on the vehicles.
    According to Transco, as a result of these operational differences, 
the 30-minute rest break requirement does not increase safety when 
applied to its drivers; instead, it claims the requirement may very 
well decrease road safety for its drivers. For the typical long-haul 
CMV driver, the 30-minute rest break serves as an opportunity to break 
the monotony of driving and relieve some of the stress of continuous 
driving, but Transco's drivers currently have breaks, which include 
physical exercise, several times each day.
    Transco believes that the requested exemption would achieve a level 
of safety that is equivalent to, or greater than, the level of safety 
that would be obtained by complying with the current regulation. In its 
application, Transco gives the following reasons, among others, why the 
Agency should approve the exemption request: (1) Allowing Transco 
drivers to substitute a 30-minute on-duty, non-driving break for a 30-
minute off-duty break will not reduce safety; (2) No more than 50% of 
Transco drivers' logged time per working tour is ``on-duty driving'' 
time, and their non-driving on-duty time is primarily devoted to pick-
ups, deliveries and like operations; and (3) The company's drivers 
return to their point of origin at the end of their trip.
    A copy of Transco's exemption application is available for review 
in the docket for this notice.

V. Public Comments

    On October 18, 2018, FMCSA published notice of this application and 
requested public comment (83 FR 52873). The Agency received 10 comments 
representing individuals and various transportation interests. Most 
respondents supported the exemption, including the International Food 
Distributors Association (IFDA), the Convenience Distribution 
Association (CDA), the National Association of Wholesale Distributors 
(NAW), and other trade associations and individuals.
    IFDA commented that the Agency should also eliminate the 30-minute 
rest break for all short-haul drivers or allow drivers to use on-duty 
non-driving time as a part of a new HOS regulation. Per IFDA, for 
Transco drivers as well as the typical foodservice distribution driver, 
the 30-minute break requirement provides no added safety benefit and 
should be withdrawn.
    CDA commented that, ``Transco has provided ample supporting 
information for the exemption request, and CDA believes that Transco, 
as well as other

[[Page 45199]]

companies, should be granted exemptions when strong supporting 
materials and criteria are presented that demonstrate that 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). . . .''
    NAW said much the same: ``. . . Allowing for greater flexibility on 
HOS rules, specifically allowing for the required 30-minute rest break 
to be completed through on duty, non-driving, tasks will improve driver 
efficiency and be beneficial to Transco, Inc., Transco's drivers and 
commuters alike. Further, by granting this exemption FMCSA could 
produce additional safety benefits in the form of fewer trips and less 
driving exposure.''
    The International Brotherhood of Teamsters (IBT) and two other 
respondents opposed the requested exemption. IBT commented that 
``Transco has not sufficiently met the test that granting the exemption 
requested 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).''

VI. FMCSA Decision

    FMCSA has evaluated Transco's application and the public comments 
and decided to grant the exemption. Although the company made arguments 
that were unjustified--like claiming that its compliance with the 14-
hour rule applicable to all CMV drivers in interstate commerce was a 
reason to grant the exemption--FMCSA believes that Transco's drivers in 
its grocery and food service divisions who are engaged in making 
wholesale deliveries to grocery and convenience stores will likely 
achieve a level of safety that is equivalent to or greater than, the 
level of safety achieved without the exemptions [49 CFR 381.305(a)]. A 
number of factors reduce the safety risk of Transco operations, 
compared to those of most motor carriers: (1) On average, each Transco 
driver drives only about 23.8 miles between each delivery stop and a 
total of about 180.5 miles total per trip; (2) Transco drivers operate 
largely on low-speed roads at low speeds; (3) Transco's drivers 
generally are assigned to specific schedules and routes and return home 
at the end of every trip; (4) Transco's drivers take frequent breaks 
from driving to unload trucks; (5) Transco drivers average 15.2 driving 
legs per trip with each leg averaging just 36 minutes; and (6) 
Transco's drivers most often operate in teams of two and share driving 
duties. The granted exemption will allow Transco's drivers in the 
grocery division to comply with the 30-minute rest break requirement 
while performing on-duty, not driving tasks.

VII. Terms and Conditions for the Exemption

     Drivers must have a copy of this notice or signed FMCSA 
exemption document in their possession while operating under the terms 
of the exemptions. The exemption document must be presented to Federal 
or State enforcement officials upon request.
     Drivers operating under this exemption must maintain a 
route manifest document that identifies the route being served and the 
locations of all delivery points for each daily trip.
     The exemption applies to all Transco drivers in its 
grocery division who make wholesale deliveries to grocery and 
convenience stores.
     The exemption is limited to team driver operations with 
sleeper-berth equipped truck tractors.
     Drivers must return to their point of origin at the end of 
their trip.
     Drivers cannot drive if more than 8 hours have passed 
since the end of the driver's last off duty period, sleeper-berth 
period, or 30 consecutive minute break period.
     Drivers operating under this exemption must use electronic 
logging devices (ELDs) to document their hours of service.
     The vehicles used by drivers operating under this 
exemption must be equipped with safety performance monitoring systems 
which include video monitoring and which capture information such as 
impacts, hard braking, and other abrupt vehicle motions.
     Drivers operating under the exemption must utilize FMCSA's 
North American Fatigue Management Training Program.

Notification to FMCSA

    Exempt motor carriers must notify FMCSA within 5 business days of 
any accident (as defined in 49 CFR 390.5), involving any of its CMVs 
operating under the terms of the exemption. The notification must 
include the following information:

(a) Name of the exemption: ``Transco''
(b) Name of the operating motor carrier,
(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,
(f) Vehicle number and State license 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, 
motor carrier safety regulations, and
(k) 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].

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.

Termination

    FMCSA does not believe the drivers covered by this exemption will 
experience any deterioration of their safety record. Interested parties 
or organizations possessing information that would otherwise show that 
any or all of these motor carriers are not achieving the requisite 
statutory level of safety should immediately notify FMCSA. The Agency 
will evaluate any information submitted and, if safety is being 
compromised or if the continuation of the exemption is inconsistent 
with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA will immediately take 
steps to revoke the exemption of the company and drivers in question.

    Issued on: August 13, 2019.
Raymond P. Martinez,
 Administrator.
[FR Doc. 2019-18568 Filed 8-27-19; 8:45 am]
BILLING CODE 4910-EX-P