Hours of Service of Drivers: Trailways Companies, Application for Renewal of Exemption |
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Topics: Trailways
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Larry W. Minor
Federal Motor Carrier Safety Administration
March 18, 2015
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14229-14231]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06176]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0268]
Hours of Service of Drivers: Trailways Companies, Application for
Renewal of Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for renewal of exemption; request for
comments.
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SUMMARY: FMCSA announces that it has received an application from
Adirondack Trailways, Pine Hill Trailways, and New York Trailways
(``Trailways'') for a renewal of their exemption from the hours-of-
service (HOS) record of duty status (RODs) provision in 49 CFR
395.8(c). Trailways currently holds an exemption for the period of May
31, 2013 to May 31, 2015. FMCSA extended the exemption to
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include all regular-route passenger carriers and their drivers rather
than limiting it to Trailways' drivers. The renewal of the exemption
would allow these drivers to perform their daily duties without having
to record entries in the daily log for breaks in driving time of 10
minutes or less. Such activity would not be considered a change of duty
status. FMCSA requests public comment on Trailways' application for
exemption.
DATES: If granted, this exemption would be effective during the period
of May 31, 2015 to May 31, 2017. Comments must be received on or before
April 17, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2012-0268 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Docket Management Facility; 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: 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. The online Federal document management system
is available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments on-line.
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: MCPSD@dot.gov. If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Trailways' Application for Exemption
The HOS rule in 49 CFR 395.8(c) requires every commercial motor
vehicle (CMV) driver to record his or her duty status for each 24-hour
period using methods described in that section. Under 49 U.S.C. 31315
and 31136(e), FMCSA may grant an exemption from the HOS requirements
for up to a 2-year period if it finds such exemption would likely
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved absent such exemption. The procedures for
requesting an exemption (including renewals) are prescribed in 49 CFR
part 381.
Trailways offers scheduled passenger-carrier service throughout New
York State and to the nearby Canadian cities of Montreal and Toronto.
Trailways and all other regular route passenger carriers and their
drivers were granted exemptions for the period May 31, 2013 to May 31,
2015. Trailways' initial application for relief from the HOS RODs rule
was submitted in 2012; a copy of the application is in the docket
identified at the beginning of this notice. The 2012 application
describes fully the nature of Trailways' operations.
Trailways' application for a renewal of the exemption is for fixed-
route carriers and their drivers who are often away from the controls
of the vehicle for less than 10 minutes to assist passengers or make
passenger pick-ups and drop-offs along the route. Trailways' advised
that until March 2011 they and other motor carriers had been operating
in accordance with a 1996 interpretation of 49 CFR 395.8(c) issued by
the Federal Highway Administration (FHWA). The 1996 interpretation
allowed regular-route passenger carrier CMV drivers not to record a
location entry on the driver's RODS for non-driving periods of less
than 10 minutes. The RODS simply showed the stop as driving time. In
March 2011, New York State officials began enforcing the rule
literally, requiring that a change in duty status be entered on the log
any time the driver leaves the operating controls of the CMV. Trailways
was concerned that the violations would have a negative effect on the
companies' and the drivers' Compliance Safety Accountability ratings,
as well as schedules and passenger service because of the delays needed
to make the entries.
Trailways therefore requested that their drivers with regularly
scheduled routes be exempted from changing their duty status from
``driving'' to ``on-duty not driving'' when making stops of less than
10 minutes.
Trailways noted that the exemption would reduce the amount of total
time a driver can drive in a duty period. Without the exemption, the
times drivers spend at stops to load passengers, freight, etc. would be
logged as on-duty/not driving, increasing the driving time available,
but creating an additional administrative distraction every time the
driver leaves the controls, regardless of the reason or the limited
amount of time away from the vehicle controls. Trailways further
advised that its carriers provide flag stops and that having to update
the log at each flag stop increases the length of time the motorcoach
may delay traffic while waiting for the pick-up and/or discharge of
passengers and luggage, and then waiting for the driver to update the
log. According to Trailways, in many instances the large number of
brief stops will not fit on the log if the driver makes all of the
required entries.
Trailways noted that the maximum possible driving time would be
reduced and that traffic congestion could be reduced. FMCSA believes
this would ensure that operations under the exemption would be at least
as safe as operations that comply with the requirements on change of
duty status.
As in 2013, FMCSA would apply the exemption, if granted, to all
regular-route for-hire passenger-carrier drivers because they
presumably operate in much the same manner as Trailways. Including all
such drivers in the exemption will preclude the need for other carries
to file identical exemption requests, and will provide for consistent
enforcement because the same provisions would be applied to all similar
scenarios involving brief stops by drivers of these carriers during
their regular-route operations.
A copy of Trailways' exemption application is available for review
in the docket for this notice.
Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA
requests public comment on the Trailways' application for an exemption
from certain
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provisions of the driver's record of duty status rules in 49 CFR part
395. The Agency will consider all comments received by close of
business on April 17, 2015. 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.
Extent of the Exemption
The exemption would be restricted to drivers employed by Trailways
and other regular-route for-hire passenger-carrier drivers. Instead of
complying with the provisions in 49 CFR 395.8(c), these drivers would
be exempted from changing their duty status from ``driving'' to ``on-
duty not driving'' when making stops of less than 10 minutes. These
drivers must comply with all other applicable provisions of the Federal
Motor Carrier Safety Regulations (49 CFR parts 350-399).
Terms of the Exemption
Period of the Exemption
The limited exemption from the HOS RODs requirements of 49 CFR
395.8(c) is proposed to be effective from 12:01 a.m. on May 31, 2015,
through 11:59 p.m. on May 31, 2017.
Preemption
In accordance with 49 U.S.C. 31315(d), during the period this
exemption would be in effect, no State may enforce any law or
regulation that conflicts with or is inconsistent with the exemption
with respect to a firm or person operating under the exemption.
Notification to FMCSA
Trailways and other regular-route for-hire passenger-carriers would
be required to 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
MCPSD@dot.gov.
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: March 11, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-06176 Filed 3-17-15; 8:45 am]
BILLING CODE 4910-EX-P