[Federal Register Volume 61, Number 65 (Wednesday, April 3, 1996)]
[Rules and Regulations]
[Pages 14677-14680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8158]



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DEPARTMENT OF TRANSPORTATION
49 CFR Parts 383 and 395

RIN 2125-AD83


Exemptions From Federal Motor Carrier Safety Regulations

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule.

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SUMMARY: The National Highway System Designation Act of 1995 creates 
exemptions from certain requirements of the Federal Motor Carrier 
Safety Regulations (FMCSRs) for employers engaged in: The 
transportation of agricultural commodities and farm supplies, the 
transportation of ground water drilling rigs, the transportation of 
construction materials and equipment, the operation of utility service 
vehicles, and the operation of snow and ice removal equipment within 
the boundaries of an eligible unit of local government. These 
exemptions relate to the hours-of-service and the commercial driver's 
license requirements of the regulations. This final rule amends the 
FMCSRs to conform to these statutory exemptions.

EFFECTIVE DATES: This rule is effective April 3, 1996 except 
Sec. 383.3(d)(3) and Secs. 395.1(n) and (o), pertaining to the 
transportation of snow and ice removal equipment, construction 
materials and equipment, and drivers of utility service vehicles, are 
not effective until May 26, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, Jr., Office of 
Motor Carrier Research and Standards, (202) 366-2718, or Ms. Grace 
Reidy, Office of the Chief Counsel, (202) 366-6226, Federal Highway 
Administration, DOT, 400 Seventh Street, SW., Washington, D.C. 20590. 
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through 
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background and Notices

    On November 28, 1995, the President signed the National Highway 
Systems Designation Act of 1995, Pub. L. 104-59, 109 Stat. 568 
(1995)(NHS Act). Section 345 of this Act creates five specific 
exemptions from certain provisions of the FMCSRs (49 CFR 390.1 et 
seq.).
    The first exemption applies to drivers transporting agricultural 
commodities or farm supplies during planting and harvesting seasons, if 
the transportation is limited to the area within a 100 air mile radius 
of the source of the commodities or the distribution point for the farm 
supplies. These drivers are exempt from the maximum driving and on-duty 
time regulations of the FMCSRs.
    The second exemption relates to drivers who are primarily involved 
in the transportation of ground water drilling rigs. These rigs include 
any vehicle, machine, tractor, trailer, semi-trailer, or specialized 
mobile equipment propelled or drawn by mechanical power and used on 
highways to transport water well field operating equipment, including 
water well drilling and pump service rigs equipped to access ground 
water. Current regulations forbid drivers from operating CMVs after 
they have been on duty a certain number of hours over a 7 or 8 day 
span. Specifically, if the employing motor carrier does not operate 7 
days a week, the cutoff is 60 hours over a 7-day span; if the employing 
motor carrier does operate 7 days a week, the cutoff is either 60 hours 
over a 7-day span, or 70 hours over an 8-day span. The water drilling 
rig exception in the NHS Act permits these drivers to ``restart the 
clock,'' which means that at any point at which the driver is off-duty 
for 24 or more consecutive hours, the period of 7 or 8 days ends as of 
the beginning of that off-duty period, and the clock restarts for 
purposes of computing the 7 or 8 day period when the driver goes on 
duty again. Thus, this exemption enables the motor carrier to designate 
the time of day at which the period of 7 or 8 days begins. The 
definition of ``24-hour period'' in the NHS Act authorizes the carrier 
to designate the time of day at which the 24-hour period begins, which 
may vary between the various terminals from which drivers are 
dispatched.

[[Page 14678]]

    The third exemption applies to drivers used primarily in the 
transportation of construction materials and equipment, which is 
defined as the transportation of construction and pavement materials, 
construction equipment, and construction maintenance vehicles. The 
driver must be en route to or from an ``active construction site,'' 
which must be at a stage between initial mobilization of equipment and 
materials to the site, and final completion of the construction 
project. The construction site must also be within a 50 air-mile radius 
of the driver's normal work reporting location, and this exemption does 
not apply to the transportation of hazardous materials in a quantity 
requiring placarding. This exemption allows these construction drivers 
to restart the calculation of a 7 or 8 day period under the hours of 
service regulations in the same fashion as provided in the third 
exemption.
    The fourth exemption applies these same provisions to drivers of 
utility service vehicles. In order to qualify as a utility service 
vehicle, the vehicle must be operated primarily within the service area 
of the utility's subscribers. In addition, it must be used in the 
furtherance of repairing, maintaining, or operating any physical 
facilities necessary for the delivery of public utility service and 
must be engaged in any activity necessarily related to the ultimate 
delivery of public utility services to the consumer, including travel 
to, from, upon, or between activity sites. The public utility, which 
includes those delivering electric, gas, water, sanitary sewer, 
telephone, and television service, need not be the actual owner of the 
vehicle in question. This exemption likewise enables utility drivers to 
restart the calculation of a 7 or 8 day period after the driver has 
been off duty for at least 24 hours consecutively.
    The fifth and final exemption permits a State to exempt by waiver 
the requirement for a commercial driver's license (CDL) for back-up 
snow removal drivers employed by an eligible unit of local government. 
The vehicle must be operated within the boundaries of a city, town, 
borough, county, parish, district, or other unit of local government 
created pursuant to State law which has a total population of 3,000 or 
less. In addition, the vehicle must be operated by an employee of that 
local government for the purpose of removing snow or ice from a roadway 
by plowing, sanding, or salting. This waiver may only be granted where 
the employee who ordinarily operates the vehicle is unavailable or in 
need of additional assistance due to snow emergency. This provision 
does not affect the requirement that the customary operator of the 
vehicle have a CDL.
    For each of the exemptions described above, other than the water 
well drilling exemption, the NHS Act provides the Secretary with the 
authority to negate or modify the exemption upon a determination, after 
a rulemaking proceeding, that the exemption is not in the public 
interest and would have a significant adverse impact on the safety of 
commercial motor vehicles. The Federal Highway Administration (FHWA) 
has decided not to proceed with such a rulemaking proceeding at this 
time. Nevertheless, the FHWA is required by the statute to monitor the 
safety performance of drivers of vehicles that are subject to an 
exemption and report to Congress if a determination is made that public 
safety has been adversely affected by one of these exemptions.
    The FHWA is investigating the issues surrounding maximum driving 
and on-duty time of truck drivers. At the Truck and Bus Summit held in 
March 1995, in Kansas City, Missouri, participants representing every 
segment of the U.S. trucking industry were assembled by the FHWA. The 
number one issue of concern to the participants was driver fatigue. In 
addition, the FHWA is also about to complete a multi-year, cooperative 
government-industry research effort designed to generate quantitative 
information about the impact of fatigue on motor carrier operations. 
The project will provide an empirical basis for reevaluating the 
restrictions on hours-of-service of CMV drivers.
    In addition, the FHWA invited and received comments on the issue of 
waiver of the hours of service regulations for those transporting crops 
and farm supplies. 59 FR 63322; December 8, 1994. Docket comments were 
received from over 175 respondents, almost all of which were in support 
of the waiver concept.

Rulemaking Analyses and Notices

    The FHWA is amending Parts 383 and 395 of the FMCSRs by proceeding 
directly to a final rule. The FHWA finds that prior notice and 
opportunity for comment are unnecessary under 5 U.S.C. 553(b)(3)(B) and 
that good cause exists to dispense with the 30-day delayed effective 
date ordinarily required under 5 U.S.C. 553(d) because these changes 
are statutorily mandated. The FHWA has also determined that prior 
notice and opportunity for comment are not required under Department of 
Transportation's regulatory policies and procedures, as it is 
anticipated that such action would not result in the receipt of useful 
information.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    These changes are being made to conform the FHWA's regulations to 
statutory exemptions already authorized by section 345 of the NHS Act. 
At this point, the FHWA is unable to predict what the impact of these 
changes will be. However, pursuant to the obligations imposed upon the 
Secretary by the NHS Act, the FHWA intends to monitor the impact of 
these changes.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this action on small 
entities. This rule merely amends the FMCSRs to conform them to the 
exemptions granted in the NHS Act. These exemptions are likely to 
lessen the financial burden of complying with the relevant FMCSRs, but 
only for limited classes of operations. The FHWA certifies that this 
action will not have a significant impact on a substantial number of 
small entities.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this action does not have sufficient federalism implications to 
warrant the preparation of a federalism assessment. As provided in 
section 345(b) of the NHS Act, these regulatory changes do not preempt 
any State laws or regulations concerning the safe operation of 
commercial motor vehicles. This action does not impose any additional 
cost or burden on any State. In addition, this rule would have no 
effect on the States' ability to discharge traditional State 
governmental functions.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal programs and 
activities apply to this program.

Paperwork Reduction Act

    This action does not contain a collection of information 
requirement

[[Page 14679]]
for purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3520.

National Environmental Policy Act

    The agency has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has 
determined that this action would not have any effect on the quality of 
the environment. Therefore, an environmental impact statement is not 
required.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects in Parts 383 and 395

    Commercial driver's license documents, Commercial motor vehicles, 
Driver's hours of service, Highways and roads, Motor carriers licensing 
and testing procedures, Motor vehicle safety, Reporting and 
recordkeeping requirements.

    Issued on: March 26, 1996.
Rodney E. Slater,
Federal Highway Administrator.

    In consideration of the foregoing, the FHWA hereby amends title 49, 
Code of Federal Regulations, subtitle B, chapter III, subchapter B, 
parts 383 and 395 as set forth below:

PART 383--[AMENDED]

    1. The authority citation for part 383 is revised to read as 
follows:

    Authority: 49 U.S.C. 31101 et seq., 31136, and 31502; sec. 345, 
Pub. L. 104-59, 109 Stat. 568, 613; and 49 CFR 1.48.

    2. Section 383.3(d) is amended by revising the heading and the 
introductory paragraph, and by adding a new paragraph (d)(3) to read as 
follows:


Sec. 383.3  Applicability.

* * * * *
    (d) Exception for farmers, firefighters, emergency response vehicle 
drivers, and drivers removing snow and ice. A State may, at its 
discretion, exempt individuals identified in paragraphs (d)(1), (d)(2), 
and (d)(3) of this section from the requirements of this part. The use 
of this waiver is limited to the driver's home State unless there is a 
reciprocity agreement with adjoining States.
* * * * *
    (3)(i) A driver, employed by an eligible unit of local government, 
operating a commercial motor vehicle within the boundaries of that unit 
for the purpose of removing snow or ice from a roadway by plowing, 
sanding, or salting, if
    (A) The properly licensed employee who ordinarily operates a 
commercial motor vehicle for these purposes is unable to operate the 
vehicle; or
    (B) The employing governmental entity determines that a snow or ice 
emergency exists that requires additional assistance.
    (ii) This exemption shall not preempt State laws and regulations 
concerning the safe operation of commercial motor vehicles.
* * * * *
    3. Section 383.5 is amended by adding the definition ``Eligible 
unit of local government'' in alphabetical order to read as follows:


Sec. 383.5  Definitions.

* * * * *
    Eligible unit of local government means a city, town, borough, 
county, parish, district, or other public body created by or pursuant 
to State law which has a total population of 3,000 individuals or less.
* * * * *

PART 395--[AMENDED]

    4. The authority citation for part 395 is revised to read as 
follows:

    Authority: 49 U.S.C. 31133, 31136, and 31502; sec. 345, Pub.L. 
104-59, 109 Stat. 568, 613; and 49 CFR 1.48.

    5. Section 395.1 is amended by revising paragraph (a) and by adding 
paragraphs (l), (m), (n), and (o) to read as follows:


Sec. 395.1  Scope of rules in this part.

    (a) General. (1) The rules in this part apply to all motor carriers 
and drivers, except as provided in paragraphs (b) through (n) of this 
section.
    (2) The exceptions from Federal requirements contained in 
paragraphs (l) through (n) do not preempt State laws and regulations 
governing the safe operation of commercial motor vehicles.
* * * * *
    (l) Agricultural operations. The provisions of Sec. 395.3 shall not 
apply to drivers transporting agricultural commodities or farm supplies 
for agricultural purposes in a State if such transportation:
    (1) Is limited to an area within a 100 air mile radius from the 
source of the commodities or the distribution point for the farm 
supplies, and
    (2) Is conducted during the planting and harvesting seasons within 
such State, as determined by the State.
    (m) Ground water well drilling operations. In the instance of a 
driver of a commercial motor vehicle who is used primarily in the 
transportation and operations of a ground water well drilling rig, any 
period of 7 or 8 consecutive days may end with the beginning of any 
off-duty period of 24 or more successive hours.
    (n) Construction materials and equipment. In the instance of a 
driver of a commercial motor vehicle who is used primarily in the 
transportation of construction materials and equipment, any period of 7 
or 8 consecutive days may end with the beginning of any off-duty period 
of 24 or more successive hours.
    (o) Utility service vehicles. In the instance of a driver of a 
utility service vehicle, any period of 7 or 8 consecutive days may end 
with the beginning of any off-duty period of 24 or more successive 
hours.
    6. Section 395.2 is amended by adding three definitions, 
alphabetically, to read as follows:


Sec. 395.2  Definitions.

* * * * *
    Ground water well drilling rig means any vehicle, machine, tractor, 
trailer, semi-trailer, or specialized mobile equipment propelled or 
drawn by mechanical power and used on highways to transport water well 
field operating equipment, including water well drilling and pump 
service rigs equipped to access ground water.
* * * * *
    Transportation of construction materials and equipment means the 
transportation of construction and pavement materials, construction 
equipment, and construction maintenance vehicles, by a driver to or 
from an active construction site (a construction site between 
mobilization of equipment and materials to the site to the final 
completion of the construction project) within a 50 air mile radius of 
the normal work reporting location of the driver. This paragraph does 
not apply to the transportation of material found by the Secretary to 
be hazardous under 49 U.S.C. 5103 in a quantity requiring placarding 
under regulations issued to carry out such section.
* * * * *
    Utility service vehicle means any commercial motor vehicle:
    (1) Used in the furtherance of repairing, maintaining, or operating 
any

[[Page 14680]]
structures or any other physical facilities necessary for the delivery 
of public utility services, including the furnishing of electric, gas, 
water, sanitary sewer, telephone, and television cable or community 
antenna service;
    (2) While engaged in any activity necessarily related to the 
ultimate delivery of such public utility services to consumers, 
including travel or movement to, from, upon, or between activity sites 
(including occasional travel or movement outside the service area 
necessitated by any utility emergency as determined by the utility 
provider); and
    (3) Except for any occasional emergency use, operated primarily 
within the service area of a utility's subscribers or consumers, 
without regard to whether the vehicle is owned, leased, or rented by 
the utility.

[FR Doc. 96-8158 Filed 4-2-96; 8:45 am]
BILLING CODE 4910-22-P