
[Federal Register Volume 78, Number 105 (Friday, May 31, 2013)]
[Notices]
[Pages 32701-32703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12908]


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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 
Exemption

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

ACTION: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant Adirondack Trailways, 
Pine Hill Trailways, New York Trailways (``Trailways'') and all other 
regular-route passenger carriers and their drivers an exemption from 
the hours-of-service (HOS) record of duty status (RODS) requirement to 
enter a change in duty status on the daily log for breaks in driving 
time of 10 minutes or less, for the limited purpose of picking up or 
dropping off passengers, baggage, or small express packages. FMCSA 
extended the request to all regular-route passenger carriers and their 
drivers rather than limiting it to Trailways' drivers. The exemption 
will 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 will not be considered a change of duty 
status for the purposes of 49 CFR 395.8(c).

DATES: This exemption is effective from May 31, 2013 to May 31, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division; Office of Bus and Truck Standards and 
Operations; Telephone: 202-366-4325. Email: MCPSD@dot.gov.

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

    Trailways (Adirondack Trailways, Pine Hill Trailways, and New York 
Trailways) offers scheduled passenger-carrier service throughout New 
York State and to Montreal and Toronto. Trailways stated that its 
exemption application was for fixed-route carriers and their drivers 
who are often away from the controls of the vehicle for brief periods 
of time of less than 10 minutes to assist passengers or make one of 
several passenger pick-ups and drop-offs along the route.

[[Page 32702]]

    Trailways advised that until March 2011 it 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 excluded regular-route passenger carrier CMV drivers 
from having to record a location entry on the driver's RODS for non-
driving periods of less than 10 minutes. This guidance was not included 
in the compilation and re-publication of all Agency regulatory guidance 
on April 4, 1997 (62 FR 16370), and is no longer valid.
    In March 2011, New York State officials began enforcing a literal 
interpretation of the rule, requiring that a change in duty status be 
entered on the log any time the driver leaves the operating controls of 
the CMV. Trailways is concerned that the violations will have a 
negative effect on the companies' and the drivers' Safety Management 
System scores, as well as schedules and passenger service because of 
the delays needed to make the entries.
    Instead of complying with the provisions in 49 CFR 395.8(c), 
Trailways requested that its 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 notes that the 1996 interpretation reduced the amount of 
total time a driver could drive in a duty period. Without the 1996 
interpretation, the time drivers spend at stops to load passengers, 
freight, etc. would be 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 such stop increases the amount of time that the 
motorcoach may be delaying traffic while waiting for the pick-up and/or 
discharge of passengers and luggage, and then waiting for the driver to 
update the log before continuing the route. 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 if the exemption 
were granted. 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.
    FMCSA sought public comment on the need to extend Trailways' 
request to all regular-route for-hire passenger carrier drivers. 
Including all regular-route for-hire passenger carrier drivers in this 
exemption precludes the need for other carriers to file identical 
exemption requests, and provides for consistent enforcement because the 
same provisions will 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.

Public Comments

    On October 1, 2012, FMCSA published notice of this application, and 
asked for public comment (77 FR 60007). Ten comments were received to 
the public docket. An anonymous submitter stated ``In my opinion I 
don't see a reason in not granting this request.'' Mr. Gale C. 
Ellsworth, of Trailways, Fairfax, Virginia, supported the application 
and stated that ``the `exemption' is a common industry practice that 
was approved and authorized in a rulemaking interpretation requested by 
Greyhound in 1996.'' He further stated that ``Greyhound supports the 
current request by Trailways, which became more important during 2011, 
when law enforcement and DOT agents began writing this practice as 
violations, which now affect a carrier's system safety ratings in the 
FMCSA's public record.'' Mr. Russell S. Gaillard supported the 
application by stating, ``I request that these drivers be exempted from 
the requirement to enter a change in duty status on the daily log for 
breaks in driving time of 10 minutes or less, for the limited purposes 
such as picking up or discharging passengers, baggage and/or package 
express items.'' Ms. Veronica Rodriguez said, ``I think an exemption 
like this one will benefit all fixed route drivers.'' Mr. William 
Woodsrow Gentry, Jr., commented, ``I support the stand that the change 
of status is not correct for drivers. If they are just picking up 
someone and loading luggage then they should remain On Duty Status.'' 
Additionally, Concord Coach Lines Inc., Greyhound, SMART Transportation 
Division, Teamsters Local 118, and United Motorcoach Association all 
supported Trailways' application for the exemption. All comments are 
available for review in the docket for this notice.

FMCSA Decision

    The FMCSA has evaluated Trailways' application for exemption and 
the public comments. The Agency believes that Trailways 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)).

Terms of the Exemption

Period of the Exemption

    The limited exemption from the HOS record of duty status 
requirements of 49 CFR 395.8(c) is granted for the period from 12:01 
a.m. on May 31, 2013 through 11:59 p.m. on May 31, 2015.

Extent of the Exemption

    The exemption is 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 are 
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).

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

Notification to FMCSA

    Trailways and other regular-route for-hire passenger-carriers 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. 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

[[Page 32703]]

    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: May 22, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-12908 Filed 5-30-13; 8:45 am]
BILLING CODE 4910-EX-P


