The Federal Motor Carrier Safety Administration (FMCSA) has reopened the comment period for an exemption renewal request from McKee Foods Transportation, LLC (MFT). This exemption affects rules about how truck drivers take rest breaks in the sleeper berth. FMCSA made the announcement on October 21, 2024, to allow the public more time to review the details of the application.
Why the Sleeper Berth Exemption Matters
The exemption renewal request, originally posted on July 10, 2024, asks FMCSA to allow MFT to continue operating under flexible sleeper-berth rules. These rules are part of the Hours of Service (HOS) regulations that control how much time drivers can work and when they need to rest. MFT has asked for permission to renew this exemption “for the maximum available period.”
Sleeper-berth rules, found in 49 CFR 395.1(g)(1)(ii)(A) and (B), require drivers to take specific amounts of rest in the sleeper berth. MFT argues that more flexible rules help its drivers rest better and meet tight delivery schedules, without compromising safety.
New Public Comment Deadline
FMCSA originally set the deadline to comment on the exemption application for August 9, 2024. But at the time, the FMCSA did not include a key document titled “McKee Foods Transportation Sleeper-Berth Exemption Provisions Interpretation.”
Because this document was missing from the original notice, FMCSA is extending the public comment period. Interested parties now have until November 21, 2024, to submit their thoughts on the exemption.
How to Submit Comments
FMCSA wants the public to offer opinions on the renewal and the related documents. Comments can be submitted through the FMCSA’s official platform at regulations.gov/document/FMCSA-2014-0071-0043.
For more information, the FMCSA contact is:
How the Sleeper Berth Exemption Could Impact the Industry
If the exemption is renewed, McKee Foods Transportation will be able to continue using the flexible sleeper-berth rules. The company believes these rules help drivers manage their rest time in ways that better fit their schedules, especially during busy delivery periods.
This decision could also encourage other trucking companies to seek similar exemptions, especially those dealing with time-sensitive deliveries. However, safety remains a priority for FMCSA, and any final decision will need to strike a balance between driver flexibility and fatigue prevention.
What Happens Next
FMCSA’s final decision will depend on the comments it receives before the new November 21 deadline. Both the original exemption application and the newly included interpretation document will play a role in shaping the outcome.
Vincent ShakirOctober 22, 20242 Mins read771
