FMCSA Renews Sleeper Berth Exemption for McKee Foods Transportation
The Federal Motor Carrier Safety Administration (FMCSA) has renewed an exemption for McKee Foods Transportation, allowing the company’s team drivers greater flexibility in their sleeper berth arrangements until 2030. This extension follows a similar exemption that has been in effect since 2015.
In a notice published on April 9, FMCSA stated that McKee Foods, based in Collegedale, Tennessee, can permit its team drivers to split their required 10 hours of sleeper berth time into two segments, as long as neither is shorter than two hours. This flexibility includes configurations of 8/2, 7/3, 6/4, and 5/5, whereas current regulations only allow for 8/2 and 7/3 splits.
FMCSA noted that McKee Foods has maintained an equivalent or enhanced safety level while operating under this exemption. The company has implemented several safety measures to ensure compliance, including a mandatory shutdown of all operations one hour before sundown on Fridays until one hour after sundown on Saturdays, which guarantees a minimum of 26 hours of off-duty time each weekend. Additionally, all tractors are equipped with speed limiters, and the daily driving time for team drivers has been reduced from 11 hours to 10 hours, requiring them to complete their sleeper berth time after driving. The company also monitors behavior-based event data through electronic logging devices (ELDs) to enhance overall safety.
Despite receiving 63 comments on the exemption request—41 in support and 22 opposing or neutral—safety advocacy groups such as the Truck Safety Coalition, Parents Against Tired Truckers, and Citizens for Reliable and Safe Highways expressed concerns about the potential impact of shorter sleeper berth splits on restorative sleep, which is crucial for safety-sensitive roles. These organizations referenced FMCSA’s previous findings that led to the current regulations.
FMCSA acknowledged these concerns but maintained that it lacks sufficient data to extend the 6/4 and 5/5 split options to all motor carriers. The agency emphasized that McKee Foods has operated successfully under specific terms and conditions without any observed adverse safety impacts over the last decade. In contrast, FMCSA denied a similar exemption request in 2023, stating that the applicant did not adequately demonstrate how an equivalent level of safety would be achieved, unlike McKee Foods, which provided comprehensive safety protocols in its application.
With this renewed exemption, McKee Foods aims to continue its operations with enhanced flexibility while prioritizing safety, with the exemption valid until April 20, 2030.
