FMCSA reopens comment period for sleeper berth exemption

The public can comment on a carrier’s request to the FMCSA for a renewal of its hours-of-service exemption regarding sleeper berth time.

In a notice published on Tuesday, Oct. 22 in the Federal Register, the Federal Motor Carrier Safety Administration announced that it was reopening the comment period on McKee Foods Transportation’s exemption application through Nov. 21.

FMCSA first granted McKee Foods a one-year exemption in 2015 that allowed the company’s team drivers to take the equivalent of 10 consecutive hours off duty by splitting sleeper berth time into two periods totaling 10 hours as long as neither of the two periods is less than three hours.

The exemption was renewed in 2016 and 2020.

In August, FMCSA published a notice that McKee Foods requested its exemption be renewed for another five years.

“McKee Foods delivery drivers average approximately 53 hours per week on the road,” the company wrote in its original exemption application. “Approximately 30% of their time for each week is spent in the sleeper. The experience of our drivers has demonstrated that sleeping in a moving vehicle is more difficult than for a single driver who is able to stop the truck during their sleeper time. Having additional flexibility to switch with a partner allows each driver to take advantage of shorter time periods when they may feel fatigued even though they have available log time to drive. This will result in a more flexible work pattern, allowing both drivers to perform warehouse functions together, thus improving personal and vehicular safety.”

FMCSA said it is reopening the comment period to give the public an opportunity to review a supplementary document provided by McKee Foods, which provides an interpretation of the exemption.

How to comment

To comment on the McKee Foods’ exemption request, click here or go to the Regulations.gov website and enter Docket No. FMCSA-2014-0071. Comments will be accepted through Nov. 21. LL