[Federal Register Volume 73, Number 114 (Thursday, June 12, 2008)]
[Notices]
[Pages 33485-33486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13160]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2008-0076]
Hours of Service of Drivers: United States Department of Energy
(DOE); Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA has received an application from the U.S. Department of
Energy (DOE) for an exemption from certain provisions of the Agency's
hours-of-service (HOS) regulations. DOE proposes that its contract
motor carriers and their employee-drivers engaged in the transportation
of transuranic waste (TRU) be granted an exemption from the HOS rules
pertaining to use of a sleeper berth (SB). Current HOS rules require
that all SB rest regimens include, in part, the regular use of a SB
period of at least 8 hours--combined with a separate period of at least
2 hours, either in the SB, off-duty or some combination of both--to
gain the equivalent of at least 10 consecutive hours off-duty. DOE
proposes that its contract drivers be allowed to take the equivalent of
10 consecutive hours off duty by splitting SB time into two periods,
provided neither of the two periods is less than 2 hours. DOE asserts
that if its request for exemption is granted, the level of safety of
its TRU operations would be equivalent to, or greater than, the level
of safety that would be obtained by complying with the current HOS
regulations. FMCSA requests public comment on DOE's application for
exemption.
DATES: Comments must be submitted on or before July 14, 2008.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2008-0076 by any of the following
methods:
Web Site: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001.
Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue, SE., Washington, DC, 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 http://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 http://www.regulations.gov at any time or to
the ground floor, room W12-140, DOT Building, New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday,
except Federal holidays.
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 DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19476) or you may visit http://www.regulations.gov.
Public participation: The http://www.regulations.gov Web site is
generally 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 http://www.regulations.gov Web site and also at
the DOT's http://docketsinfo.dot.gov 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.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations. Telephone: 202-366-4325. E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation Equity Act for the 21st Century
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315
and 31136(e) to provide authority to grant exemptions from motor
carrier safety regulations. Under its 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. 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 denying or, in the alternative, the
specific person or class of persons receiving the exemption, and the
regulatory provision or provisions from which the exemption is granted.
The notice must also specify the effective period of the exemption (up
to 2 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
Request for Exemption
U.S. Department of Energy (DOE) contractors provide long-haul
transportation of transuranic disposable waste (TRU), a hazardous
material (HM) under Federal regulations, to and from a DOE repository
in Carlsbad, New Mexico. The contractors transport this nuclear waste
by means of commercial motor vehicles (CMVs) equipped with cargo tanks.
These operations are time sensitive and involve a high security risk.
The contractors conduct approximately 30 round-trips a week, each
between 2,500 and 3,500 miles. Alternating between driving and sleeper-
berth (SB), the two-driver teams normally complete a trip within 3 to 4
days.
DOE requests an exemption from the current regulations for these
TRU waste long-haul operations to eliminate the requirement that SB
regimens include a period of at least 8 but less that 10 consecutive
hours in the SB (49 CFR 395.1(g)(1)(ii)(A)(1)). DOE proposes that these
commercial motor vehicle (CMV) drivers transporting TRU waste shipments
be allowed to split SB time into two periods, provided neither of the
two periods is less than 2 hours in length. The TRU waste shipments
require a team of two drivers and the use of the SB. DOE believes it is
[[Page 33486]]
imperative for them to receive flexibility for team drivers who use the
SB in order to expedite the delivery of high security-risk and time-
sensitive TRU waste shipments in a safe and secure manner. According to
DOE, acceptance of their proposed option would allow team drivers to
manage their en-route rest periods effectively, thus resulting in a
safe driving performance during the long distance trip.
The DOE's proposed exemption option would initially apply to those
CMV drivers of only two DOE contracted motor carriers who are currently
responsible for transporting TRU waste shipments. However, according to
DOE, motor carrier contracts are subject to change, and they therefore
request that FMCSA grant the exemption from 49 CFR
395.1(g)(1)(ii)(A)(1) for all DOE contractors transporting TRU waste
shipments. If the exemption is granted, DOE will monitor and control
the use of the exemption by the contracted motor carriers.
The DOE proposes to impose the following safety controls as part of
its TRU waste operations under the exemption:
Limit driving time to 10 hours before appropriate rest
must be obtained;
Real-time tracking and monitoring of TRU waste shipments
using DOE's satellite-based TRANSCOM system;
Use of electronic on-board recorders on trucks is
contractually required by DOE/Waste Isolation Power Plant contracted
motor carriers to ensure compliance with driver's HOS rules;
Additional driver qualification and training requirements
are established in the TRU waste transportation contract in addition to
DOT regulatory qualification training requirements for HM and highway-
route-controlled-quantity shipments;
Train all CMV drivers on fatigue awareness;
Maintain DOE's strict penalty system for infractions
committed by its TRU waste drivers;
Enhance fleet inspection program in accordance with the
Commercial Vehicle Safety Alliance Level VI requirements prior to
dispatch and en route. The tractor and trailer fleet maintenance
programs are based primarily on the manufacturer's recommended service
requirements;
Monitor the TRU waste CMVs via satellite and in-cab video
cameras; and
Monitor the safety of these operations via FMCSA's
SafeStat Program and DOE's Motor Carrier Evaluation Program.
Further details regarding DOE's proposed safety controls can be
found in their application for exemption, which can be accessed in the
docket identified at the beginning of this notice.
The DOE contends that the 8-hour SB requirement conflicts with
DOE's security and safety regulations. In addition, DOE states that the
TRU waste transportation requirements imposed by the SB rest period
provisions of the current rule negatively impact team drivers' sleep
and alertness. The DOE states that if its request for exemption is
granted, the level of safety of its TRU waste operations would be
equivalent to, or greater than, the level of safety that would be
obtained by complying with the current SB regulations.
Request for Comments
In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA
requests public comment on DOE's application for a limited exemption
from 49 CFR 395.1(g)(1)(ii)(A)(1). The Agency will consider all
comments received by close of business on July 14, 2008. 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: June 5, 2008.
Charles A. Horan III,
Acting Associate Administrator for Policy and Program Development.
[FR Doc. E8-13160 Filed 6-11-08; 8:45 am]
BILLING CODE 4910-EX-P