Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices 16503 

a duly authorized Federal, State, or local 

enforcement official. Each exemption 

will be valid for two years unless 

rescinded earlier by FMCSA. The 

exemption will be rescinded if: (1) The 

person fails to comply with the terms 

and conditions of the exemption; (2) the 

exemption has resulted in a lower level 

of safety than was maintained before it 

was granted; or (3) continuation of the 

exemption would not be consistent with 

the goals and objectives of 49 U.S.C. 

31136(e) and 31315. 

III. Basis for Renewing Exemptions 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application 

for additional two year periods. In 

accordance with 49 U.S.C. 31136(e) and 

31315, each of the 26 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (65 FR 78256; 66 FR 

16311; 67 FR 76439; 68 FR 10298; 68 FR 

10301; 68 FR 13360; 68 FR 19596; 69 FR 

33997; 69 FR 61292; 69 FR 64806; 70 FR 

2701; 70 FR 2705; 70 FR 7543; 70 FR 

12265; 70 FR 16886; 70 FR 16887; 72 FR 

184; 72 FR 5489; 72 FR 11425; 72 FR 

11426; 72 FR 12666; 72 FR 18726; 72 FR 

25831; 74 FR 7097; 74 FR 8842; 74 FR 

11988; 74 FR 11991; 74 FR 15584; 74 FR 

15586; 74 FR 21427; 74 FR 21796; 75 FR 

77942; 76 FR 5425; 76 FR 21796; 76 FR 

25762; 78 FR 22596). Each of these 26 

applicants has requested renewal of the 

exemption and has submitted evidence 

showing that the vision in the better eye 

continues to meet the requirement 

specified at 49 CFR 391.41(b)(10) and 

that the vision impairment is stable. In 

addition, a review of each record of 

safety while driving with the respective 

vision deficiencies over the past two 

years indicates each applicant continues 

to meet the vision exemption 

requirements. These factors provide an 

adequate basis for predicting each 

driver’s ability to continue to drive 

safely in interstate commerce. 

Therefore, FMCSA concludes that 

extending the exemption for each 

renewal applicant for a period of two 

years is likely to achieve a level of safety 

equal to that existing without the 

exemption. 

IV. 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–2000–8398; FMCSA– 

2002–13411; FMCSA–2003–14223; 

FMCSA–2004–17984; FMCSA–2004– 

19477; FMCSA–2005–20027; FMCSA– 

2007–27333; FMCSA–2008–0398; 

FMCSA–2009–0054; FMCSA–2010– 

0385), indicate the specific section of 

this document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 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, got 

to http://www.regulations.gov and put 

the docket number, ‘‘FMCSA–2000– 

8398; FMCSA–2002–13411; FMCSA– 

2003–14223; FMCSA–2004–17984; 

FMCSA–2004–19477; FMCSA–2005– 

20027; FMCSA–2007–27333; FMCSA– 

2008–0398; FMCSA–2009–0054; 

FMCSA–2010–0385’’ in the ‘‘Keyword’’ 

box, and click ‘‘Search.’’ When the new 

screen appears, click on ‘‘Comment 

Now!’’ button and type your 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 81⁄2 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 change 

this notice based on your comments. 

Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov and in the 

search box insert the docket number, 

‘‘FMCSA–2000–8398; FMCSA–2002– 

13411; FMCSA–2003–14223; FMCSA– 

2004–17984; FMCSA–2004–19477; 

FMCSA–2005–20027; FMCSA–2007– 

27333; FMCSA–2008–0398; FMCSA– 

2009–0054; FMCSA–2010–0385’’ in the 

‘‘Keyword’’ box and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ 

button choose the document listed to 

review. If you do not have access to the 

Internet, you may view the docket 

online 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. 

Issued on: March 19, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–07049 Filed 3–26–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0071] 

Hours of Service of Drivers: McKee 

Foods Transportation, LLC, 

Application for Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; grant 

of application for exemption. 

SUMMARY: FMCSA announces its 

decision to grant an exemption to 

McKee Foods Transportation, LLC 

(MFT) from certain provisions of the 

Agency’s hours-of-service (HOS) 

regulations. MFT proposed that its team 

drivers 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 use of an SB for 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. The 

exemption will allow MFT’s team 

drivers to take the equivalent of 10 

consecutive hours off duty by splitting 

SB time into two periods totaling 10 

hours, provided neither of the two 

periods is less than 3 hours. 

DATES: This exemption is effective 

March 27, 2015 and expires on March 

27, 2016. 

FOR FURTHER INFORMATION CONTACT: Mrs. 

Pearlie Robinson, Driver and Carrier 

Operations Division; Office of Carrier, 

Driver and Vehicle Safety Standards; 

Telephone: 202–366–4325, Email: 

MCPSD@dot.gov, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

Docket: For access to the docket to 

read background documents or 

comments submitted to notice 

requesting public comments on the 

exemption application, 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 

mstockstill on DSK4VPTVN1PROD with NOTICES

16504 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices 

1Belenky, G., Jackson, M.L., Tompkins, L., 

Satterfield, B., Bender, A., ‘‘Investigation of the 

Effects of Split Sleep Schedules on Commercial 

Vehicle Driver Safety and Health,’’ FMCSA, Dec. 

2012. 

Friday, except Federal holidays. The online Federal document management 

system is available 24 hours each day, 

365 days each year. The docket number 

is listed at the beginning of this notice. 

SUPPLEMENTARY INFORMATION: 

Background 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain parts of 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 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 and explain the terms 

and conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.300(b)). 

Request for Exemption 

MFT is a private carrier that sells 

fresh snack food products under the 

Little Debbie, Sunbelt, and Drake’s 

brands. MFT delivers products in 

interstate commerce to 48 states and 

parts of Canada from three 

manufacturing distribution centers and 

one stand-alone distribution center. 

MFT employs approximately 650 

drivers, using more than 300 tractortrailer combinations. MFT’s average 

driver is on duty approximately 35–45 

hours per week with the majority of the 

on-duty time split between driving and 

unloading the trailer. A typical trip 

averages six stops. Some of the trips 

make backhauls—both private and forhire. The average round trip is about 

1,000 miles. A team usually delivers 

two trailer loads per week, with time at 

home between most trips. 

MFT states that it operates on a 

routine weekly cycle. Each workweek 

contains a regular subset of daily cycles 

dispatching and returning long-, 

medium- and short-range trips. MFT 

advises that it has a constant flow of 

outbound and inbound trucks that allow 

it to continuously ship fresh-baked 

goods and return with backhauls of raw 

materials and other for-hire loads. The 

routine cycles allow most of the drivers 

to have regular schedules. Many of 

MFT’s drivers are off duty at least 48 

consecutive hours every week while 

many others are off duty at least 72 

consecutive hours. MFT’s tractors are 

equipped with double-bunk sleepers in 

the event both drivers need or want to 

rest at the same time. Drivers are 

allowed to make their own decisions 

about when and where to take short rest 

breaks based on their personal needs 

and preferences in conformance with 

current regulatory requirements. MFT 

advises that it takes driver safety, health 

and wellness seriously, and hires wellqualified drivers who go through a 

comprehensive orientation/new hire 

training program. MFT’s trucks are 

equipped with automatic on-board 

recording devices (AOBRDs) that 

produce electronic records of duty 

status. 

MFT requested an exemption from the 

current regulations for its delivery 

shipments and backhaul activity 

operations to eliminate the requirement 

that SB time include a period of at least 

8 but less than 10 consecutive hours in 

the SB and a separate period of at least 

2 but less than 10 consecutive hours 

either in the SB or off duty, or any 

combination thereof (49 CFR 

395.1(g)(1)(ii)(A)(1)). MFT proposed that 

these team drivers be allowed to split 

SB time into two periods totaling at 

least 10 hours, provided neither of the 

two periods is less than 3 hours in 

length. The exemption would be limited 

to team drivers. 

MFT states that the activities of its 

team drivers involve both driving and 

offloading product to its customers. The 

drivers average approximately 53 hours 

per week on the road away from home. 

MFT states that approximately 30 

percent of this time is spent in the 

sleeper. MFT contends that the 

experience of its drivers has 

demonstrated that sleeping in a moving 

vehicle is more difficult than in a 

stopped truck. According to MFT, 

having the flexibility to switch with a 

partner allows each driver to take 

advantage of shorter time periods when 

they may feel fatigued. MFT further 

stated, this will result in a more-flexible 

work pattern, allowing both drivers to 

perform warehouse functions together 

(to reduce driver unloading time and 

improve maneuvering in the 

warehouse), and improving personal 

and vehicular safety. 

MFT states that it is committed to 

maintaining its outstanding safety 

record by focusing on continuous 

improvement, promoting technologies 

to enhance safety, conducting thorough 

inspections and having wellcommunicated policies in place to 

address both safety and compliancerelated topics. MFT identified some 

countermeasures it would take to 

maintain safe operations if the 

exemption is granted. The safeguards 

include, but are not limited to: 

• Every week, all transportation 

operations shut down one hour prior to 

sundown on Friday until one hour after 

sundown on Saturday, resulting in an 

automatic minimum 26 hour off-duty 

home time for all drivers in addition to 

two or three days home time during the 

week; 

• All tractors are equipped with 

speed limiters; 

• Drivers use AOBRDs to track their 

duty time and HOS compliance; 

• Drive time is reduced from 11 hours 

to 10 hours. Team drivers are limited to 

10 hours of driving prior to completing 

their required 10 hours total SB. 

• Behavior-based event data is 

monitored from the enhanced AOBRDs 

to improve safety measures already in 

place to help reduce the probability of 

accidents on the road. 

MFT believes that by allowing its 

team drivers to exercise flexibility in 

their SB requirements, the drivers 

would experience more quality rest. To 

support its request for the exemption, 

MFT cited the results of an FMCSAsponsored study entitled ‘‘Investigation 

of the Effects of Split Sleep Schedules 

on Commercial Vehicle Driver Safety 

and Health.’’ 1 The report noted ‘‘that 

when consolidated nighttime sleep is 

not possible, split sleep is preferable to 

consolidated daytime sleep.’’ (http://

ntl.bts.gov/lib/51000/51200/51254/12- 

003-Split-Sleep_Investigation-of-theEffects-of-Split-Sleep-Schedules-onCommercial-Vehicle-Driver-Safety-andHealth-508.pdf) 

A copy of MFT’s application for 

exemption is available for review in the 

docket for this notice. 

Public Comments 

On May 12, 2014, FMCSA published 

notice of this application, and asked for 

public comment (79 FR 27041). Twelve 

commenters responded. Eight 

commenters supported the application, 

three commenters opposed it and one 

individual commented but did not 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices 16505 

2Belenky, G., Jackson, M.L., Tompkins, L., 

Satterfield, B., Bender, A.,’’Investigation of the 

Effects of Split Sleep Schedules on Commercial 

Vehicle Driver Safety and Health,’’ FMCSA, Dec. 

2012. 

indicate whether he supported or 

opposed the application. 

The three comments opposing the 

exemption were from two individuals 

and the Advocates for Highway and 

Auto Safety (Advocates). Mr. Charles 

McKown said, ‘‘I am EXTREMELY 

opposed.’’ Mr. Michael Millard said, 

‘‘The request for an exemption from the 

HOS sets in motion a slippery slope; 

whereas, if the FMCSA grants the 

exemption they are indicating the 

current HOS is not suitable for acquiring 

the needed rest. If FMCSA grants the 

exemption they can expect to be 

hounded by other motor carriers to 

participate in the exemption or submit 

a new exemption based on the 

individual carrier’s needs. If the 

exemption is approved then it creates 

problems for MCSAP officers 

performing roadside inspections as the 

MCSAP officers would have to be 

trained on how to calculate the HOS 

sleeper berth provision costing the tax 

payers thousands if not hundreds of 

thousands of dollars in training the 

MCSAP officers.’’ 

The Advocates stated that, ‘‘The 

applicant has provided no definitive 

proof that the proposed alternative HOS, 

changing the sleeper berth requirements 

to allow sleeper berth periods to be 

broken into two periods of no less than 

3 hours, would in any way ensure safety 

or address the agency’s concerns 

regarding acute and cumulative fatigue 

which was the impetus for the 

requirement.’’ The Advocates contend 

that the controls listed by MFT in no 

way constitute a safety analysis on par 

with that required by statute. Seven 

comments supporting the application 

were submitted by MFT employees. 

The American Trucking Associations, 

Inc. (ATA) also supports the exemption. 

The ATA said, ‘‘ATA strongly supports 

McKee Foods Transportation, LLC’s 

(MFT) application for exemption from 

49 CFR 395.1(g)(1)(ii)(A)(1–2). ATA has 

long contended that the currently 

prescribed sleeper berth rules do not 

introduce enough flexibility into the 

delicate equation of driver rest, sleep 

and performance. MFT’s application for 

exemption provides FMCSA with an 

excellent opportunity to observe the 

safety and, perhaps health benefits of 

allowing additional flexibility into 

sleeper berth utilization and should be 

granted without delay.’’ 

All comments are available for review 

in the docket for this notice. 

FMCSA Response to Public Comments 

and Agency Decision 

Prior to publishing the Federal 

Register notice announcing the receipt 

of MFT’s exemption request, FMCSA 

ensured that MFT has a current USDOT 

registration, minimum required levels of 

insurance, and is not subject to any 

‘‘imminent hazard’’ or other out-ofservice (OOS) orders. The Agency 

conducted a comprehensive evaluation 

of the safety performance history of the 

applicant during the review process. As 

part of this process, FMCSA reviewed 

its Motor Carrier Management 

Information System safety records for 

MFT, including inspection and accident 

reports submitted to FMCSA by State 

agencies. 

With regard to Mr. Millard’s 

comments, the Agency does not believe 

that an exemption from the SB 

requirement is an indication that the 

current HOS is not suitable for acquiring 

needed rest. An exemption in this 

instance would only provide flexibility 

of how the 10 hours in the SB are split 

but does not reduce the 10 hour rest 

requirement. Split SB periods were 

allowed prior to 2003; therefore, many 

MCSAP officers remain familiar with it, 

and training others can be done 

economically through existing, 

continuing training methods. 

With regard to the Advocates 

comments, the Agency believes that the 

FMCSA-sponsored study entitled 

‘‘Investigation of the Effects of Split 

Sleep Schedules on Commercial Vehicle 

Driver Safety and Health’’ 2 cited by 

MFT provides a reasonable basis for an 

exemption of this type, which will 

enable FMCSA to observe the effects of 

split sleep in a real world context over 

a substantial time period. 

The Agency is well aware that 

preventing fatigue is a complex process 

taking into account numerous factors 

such as time of day, amount and timing 

of sleep, time awake and time on task. 

The Agency believes that the controls 

identified in MFT’s application, 

including a 26-hour off duty period 

every week, reduction of daily driving 

time from 11 hours to 10 hours and 

monitoring data from AOBRDs, will 

ensure that safety is not adversely 

affected. 

The FMCSA has evaluated MFT’s 

application, safety record, and the 

public comments. The Agency believes 

that MFT 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)], and grants the requested 

exemption covering the operations of 

team drivers employed by MFT. 

Terms and Conditions of the Exemption 

Period of the Exemption 

This exemption from the 

requirements of 49 CFR 

395.1(g)(1)(ii)(A)(1–2)) is effective 

during the period of March 27, 2015 

through March 27, 2016. The exemption 

will expire on March 27, 2016, 11:59 

p.m. local time, unless renewed. 

Extent of the Exemption 

The team drivers employed by MFT 

are provided a limited exemption from 

the SB requirements of 49 CFR 

395.1(g)(1)(ii)(A)(1–2)) to allow these 

drivers to split SB time into two periods 

totaling at least 10 hours, provided 

neither of the two periods is less than 

3 hours in length. Team drivers will use 

electronic logging devices to track 

records of duty status; have a minimum 

26-hour off-duty period, at home, from 

Friday night to Saturday night; and, be 

limited to 10 hours of driving following 

their required 10 consecutive hours off 

duty, or the SB equivalent. 

Other Conditions 

The exemption is contingent upon 

MFT maintaining USDOT registration, 

minimum levels of public liability 

insurance, and not being subject to any 

‘‘imminent hazard’’ or other OOS order 

issued by FMCSA. Each team driver 

covered by the exemption must 

maintain a valid CDL with the required 

endorsements, not be subject to any 

OOS order or suspension of driving 

privileges, and meet all physical 

qualifications required by 49 CFR part 

391. 

Preemption 

During the period this exemption is in 

effect, no State may enforce any law or 

regulation that conflicts with or is 

inconsistent with the exemptions with 

respect to a person or entity operating 

under the exemptions (49 U.S.C. 

31315(d)). 

FMCSA Accident Notification 

MFT must notify FMCSA within 5 

business days of any accidents (as 

defined by 49 CFR 390.5) involving the 

operation of any of its CMVs while 

utilizing this exemption. The 

notification must be by email to 

MCPSD@DOT.GOV, and include the 

following information: 

a. Date of the accident, 

b. City or town, and State, in which 

the accident occurred, or which is 

closest to the scene of the accident, 

c. Driver’s name and driver’s license 

number, 

d. Vehicle number and State license 

number, 

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16506 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices 

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 total driving time and the total 

on-duty time of the CMV driver at the 

time of the accident. 

Termination 

The FMCSA does not believe the team 

drivers covered by the 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 of the exemption. 

The FMCSA will immediately revoke 

the exemption for failure to comply 

with its terms and conditions. 

Issued on: March 19, 2015. 

T.F. Scott Darling, III, 

Acting Administrator. 

[FR Doc. 2015–07056 Filed 3–26–15; 8:45 am] 

BILLING CODE 4910–EX–P 

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 hoursof-service (HOS) regulations for 

commercial motor vehicle (CMV) 

drivers. DOE currently holds an 

exemption for the period July 1, 2013, 

through June 30, 2015, 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 renewal 

would allow these exempted drivers to 

use 30 minutes or more of ‘‘attendance 

time’’ to meet the HOS rest break 

requirements providing they do not 

perform any other work during the 

break. FMCSA requests public comment 

on the DOE’s application for renewal of 

the exemption. 

DATES: Comments must be received on 

or before April 27, 2015. The proposed 

exemption renewal would be effective 

from June 30, 2015 through June 30, 

2017. 

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: 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 on-line 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 acknowledgement 

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: Mr. 

Richard Clemente, 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: 

Background 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain parts of 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 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 and explain the terms 

and conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.300(b)). 

Request for Exemption 

Certain motor carriers under contract 

to the U.S. Department of Energy (DOE) 

transport ‘‘security-sensitive radioactive 

materials.’’ DOE requests a renewal of a 

limited exemption from the hours-ofservice (HOS) regulation pertaining to 

rest breaks [49 CFR 395.3(a)(3)(ii)] to 

allow contract driver-employees 

transporting security-sensitive 

radioactive materials to be treated the 

same as drivers transporting explosives, 

as provided in § 395.1(q). Section 

395.1(q) states that operators of CMVs 

carrying Division 1.1, 1.2, or 1.3 

explosives subject to the requirement for 

a 30-minute rest break in § 395.3(a)(3)(ii) 

may use 30 minutes or more of 

‘‘attendance time’’ to meet the 

requirement for a rest break. Section 

395.1(q) allows drivers who are required 

by § 397.5 to attend a motor vehicle 

transporting certain types of explosives 

but perform no other work, to log at 

least a half-hour of their ‘‘attendance 

time’’ toward the break. 

DOE contends that shipments of 

security-sensitive radioactive materials 

require a team of two drivers and the 

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