[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Notices]
[Pages 22785-22786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08579]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0370]
Hours of Service (HOS) of Drivers; U.S. Department of Energy
(DOE); Application for Renewal of Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for renewal of exemption; request for
comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA has received an application from the U.S. Department of
Energy (DOE) for a renewal of its exemption from the 30-minute rest
break provision of the Agency's hours-of-service (HOS) regulations for
commercial motor vehicle (CMV) drivers. DOE currently holds an
exemption for the period June 30, 2015, through June 29, 2020, which
enables 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 exemption allows the drivers to use 30 minutes or more
of ``attendance time'' to meet the HOS rest break requirements provided
the drivers do not perform any other work during the break. FMCSA
requests public comment on the renewal of the exemption.
DATES: Comments must be received on or before May 26, 2020. The
requested exemption renewal would be effective from June 30, 2020
through June 29, 2025.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2012-0370 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Send comments to Docket Operations; 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: Deliver comments to Docket
Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Docket
Operations.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4325. 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 and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2012-0370), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2012-0370'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your
[[Page 22786]]
comment into the text box in the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope. FMCSA
will consider all comments and material received during the comment
period and may continue this exemption or not based on your comments.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from 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 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 decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reason for the grant or denial, and, if granted,
the specific person or class of persons receiving the exemption, and
the regulatory provision or provisions from which exemption is granted.
The notice must also specify the effective period of the exemption (up
to 5 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
III. Background
From 2013 to 2015, DOE held a limited exemption from the mandatory
30-minute rest break requirement of 49 CFR 395.3(a)(3)(ii) that allowed
DOE contract carriers and their drivers transporting security-sensitive
radioactive materials to be treated the same as drivers transporting
explosives pursuant to Sec. 395.1(q). As that exemption neared
expiration, DOE applied for its renewal. FMCSA reviewed DOE's request
and the public comments and reaffirmed its previous conclusion that
allowing these drivers to count on-duty time ``attending'' their CMVs
toward the required 30-minute break, would provide a level of safety
equivalent to what would be achieved by the break. The notice renewing
the DOE exemption was published on June 22, 2015 (80 FR 35703).
On July 25, 2016 (81 FR 48495), FMCSA announced the extension of
the DOE exemption notice that was published on June 22, 2015. The
Agency extended the expiration date of the exemption to June 29, 2020
in response to section 5206(b)(2)(A) of the ``Fixing America's Surface
Transportation Act'' (FAST Act). That section extends the expiration
date of all HOS exemptions in effect on the date of enactment to five
years from the date of issuance of the exemptions.
DOE has now requested a renewal of the exemption that would be
effective from June 30, 2020 through June 29, 2025. A copy of DOE's
request is in the docket referenced at the beginning of this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on DOE's request for a renewal of
its exemption from the 30-minute rest break rule. All comments received
before the close of business on the comment closing date indicated at
the beginning of this notice will be considered and will be available
for examination in the docket at the location listed under the
ADDRESSES section of this notice. Comments received after the comment
closing date will be filed in the public docket and will be considered
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 continue to examine the public docket for new material.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-08579 Filed 4-22-20; 8:45 am]
BILLING CODE 4910-EX-P