Hours of Service of Drivers: RJR Transportation, Inc. (RJR); Application for Exemption

Topics:  RJR Transportation

Raymond P. Martinez
Federal Motor Carrier Safety Administration
7 June 2019

[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26726-26727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11919]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0271]


Hours of Service of Drivers: RJR Transportation, Inc. (RJR); 
Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to grant the application of RJR 
Transportation, Inc. (RJR) for an exemption to increase the 100 air-
mile radius in ``short-haul operations'' to 150 air miles for its 
drivers. RJR requested the exemption for all its operators of 
commercial motor vehicles (CMVs) to enable the drivers not exceeding 
the 150 air-mile radius to utilize time records instead of a record of 
duty status (RODS) for that day. FMCSA has analyzed the exemption 
application and the public comments and has determined that the 
exemption, subject to the terms and conditions imposed, will likely 
achieve a level of safety that is equivalent to, or greater than, the 
level that would be achieved absent such exemption.

DATES: This exemption is effective June 7, 2019 and expires June 7, 
2024.

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

SUPPLEMENTARY INFORMATION: 

Background

    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.
    FMCSA 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(a)). 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. Request for Exemption

    RJR Transportation, Inc. (RJR) requested an exemption to increase 
the 100 air-mile radius in 49 CFR 395.1(e)(1) to 150 air miles for its 
drivers. This would enable RJR's drivers not exceeding the 150 air-mile 
radius to utilize time records instead of a record of duty status 
(RODS) for that day. If granted, this exemption would spare RJR from 
having to install electronic logging devices (ELDs) on all its CMVs. 
RJR is a local trucking operation based in Northern California 
operating on dedicated routes, with more than 98 percent of its trips 
within a 100 air-mile radius.
    Most of RJR's drivers qualify for and operate under the 100 air-
mile radius exemption in 49 CFR 395.1(e)(1); on a weekly or monthly 
basis, fewer than 5 percent of its drivers may exceed the 100 air-mile 
radius but none go beyond a 150 air-mile radius. Specifically, RJR 
services three areas outside the 100 air-mile radius which are all 
between 100 and 140 air miles from the normal work reporting location. 
RJR states that it will be forced to make a substantial investment in 
ELDs for just this short extension of the 100 air-mile radius.
    RJR has five drivers who maintain paper RODS, but without this 
exemption all 60 of its CMVs will need to be equipped with ELDs to give 
the company the flexibility to put any driver in any vehicle, as it 
currently does. This represents a substantial and ongoing financial 
commitment not justified by the infrequent trips beyond the 100-air 
mile radius.
    RJR states that it will continue to utilize automatic event 
recorders, which capture among other things speed, global positioning 
system location, hard braking events, and sudden turns. RJR therefore 
believes that granting the exemption will achieve a level of safety 
equivalent to the level that would be achieved absent the proposed 
exemption.
    A copy of RJR's application for exemption is available for review 
in the docket for this notice.

IV. Public Comments

    On October 18, 2018, FMCSA published notice of this application and 
requested public comment (83 FR 52875). The Agency received three 
comments, two opposed to the RJR exemption request. One comment was 
non-substantive. One of the commenters opposed to the exemption stated, 
``The number of requests for consideration for the FMCSA to increase 
the parameters of Part 395.1, i.e., increase the 100 air-mile radius to 
150 air-mile radius and increase the 12 hours to 14 hours are directly 
related to Part 395.1 and exclusions from Part 395.8's ELD 
requirements. Again, if the FMCSA approves the request it will open the 
flood gates for more exceptions from other carriers desiring the same 
consideration. Once the FMCSA approves the request it will be difficult 
to refuse other applicants request for the same consideration. In my 
opinion the FMCSA should deny the request and look at Part 395.1 to see 
if there's any safety analysis to support expanding Part 395.1's 
exception from the ELD.''
    FMCSA is obligated to review all exemption requests and to compare 
the standards set forth in the existing regulation to the requested 
exemption. If the applicant for the exemption provides alternatives 
that likely will

[[Page 26727]]

achieve a level of safety equivalent to, or greater than, the level 
that would be achieved by the current regulation, then FMCSA will 
approve the exemption request. RJR's application explained an 
infrequent use of the granted exemption and provided alternatives to 
ensure a level of safety equivalent to or greater than would be 
achieved. The terms and conditions outlined in this notice are intended 
to ensure uniformed enforcement on RJR drivers.

V. FMCSA Decision

    FMCSA has evaluated RJR's application and the public comments and 
decided to grant the exemption. The Agency believes that the drivers of 
RJR's CMVs who are exempt 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)]. The exemption will allow RJRs 
drivers not exceeding the 150 air-mile radius to utilize time records 
instead of a record of duty status (RODS) for that day. The commenter's 
``flood gates'' argument is not persuasive because exemptions are 
specific to the circumstances of the applicant. One exemption decision 
does not set a precedent for a different exemption application.

VI. 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 exemption. The exemption document must be presented to law 
enforcement officials upon request.
     Vehicles operated under the exemption must be equipped 
with automatic event recorders that capture speed, global positioning 
system location, hard breaking events, and sudden turns.
     Drivers may not travel beyond the 150 air-mile radius to 
be exempted from having to complete a record of duty status (RODS) for 
that day.
     Drivers must return to the work reporting location at the 
end of their shift.
     Drivers must have at least 10 consecutive hours off duty.
     This exemption is limited to the provisions of 49 CFR 
395.1(e)(1)(i). These drivers must comply will all other applicable 
provisions of the FMCSRs.

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 
applicable to interstate commerce that conflicts with or is 
inconsistent with this exemption with respect to a firm or person 
operating under the exemption.

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 CMVs operating under the terms of this 
exemption. The notification must include the following information:
    (a) Identity of the exemption: ``RJR''
    (b) Name of 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 
or 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 
MCPSD@DOT.GOV.

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 this motor carrier is 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 this 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: May 30, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-11919 Filed 6-6-19; 8:45 am]
 BILLING CODE 4910-EX-P