[Federal Register Volume 67, Number 249 (Friday, December 27, 2002)]
[Notices]
[Pages 79237-79238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32785]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2002-13294]


The Application by the Weirton Steel Corporation for Exemption 
From the Federal Motor Carrier Safety Regulations (FMCSRs)

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: The FMCSA announces that the agency has received an 
application from the Weirton Steel Corporation (Weirton) for an 
exemption from all of the FMCSRs applicable to the operation of 
commercial motor vehicles in interstate commerce. The company believes 
that its safety management controls and its safety performance record 
suggest that it would achieve a level of safety equivalent to or 
greater than that achieved by complying with the applicable safety 
regulations. The exemption, if granted, would preempt inconsistent 
State and local requirements applicable to interstate commerce.

DATES: We must receive your comments on or before January 27, 2003.

ADDRESSES: You can mail or hand deliver comments to the U.S. Department 
of Transportation, Dockets Management Facility, Room PL'401, 400 
Seventh Street, SW., Washington, DC 20590'0001. You can also submit 
comments at http://dmses.dot.gov. Please include the docket number that 
appears in the heading of this document. You can examine and copy this 
document and all comments received at the same Internet address or at 
the Dockets Management Facility from 9 a.m. to 5 p.m., e.t., Monday 
through Friday, except Federal holidays. If you want to know that we 
received your comments, please include a self-addressed, stamped 
postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Bus and 
Truck Standards and Operations, (202) 366-4009, Federal Motor Carrier 
Safety Administration, 400 Seventh Street, SW., Washington, DC. 20590-
0001. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday 
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Sections 31315 and 31136 of title 49 of the United States Code 
(U.S.C.) provide the FMCSA with authority to grant exemptions from the 
Federal Motor Carrier Safety Regulations (FMCSRs). An exemption 
provides relief from one or more FMCSRs to a person or class of persons 
subject to the regulations. An exemption provides relief for up to two 
years and may be renewed. Sections 31315 and 31136(e) of 49 U.S.C. 
require the agency to consider whether the terms and conditions for the 
exemption would achieve a level of safety that is equivalent to, or 
greater than, the level of safety that would be obtained by complying 
with the regulations when evaluating applications for exemptions.

[[Page 79238]]

 The regulations at 49 CFR part 381 establish the procedures to be 
followed to apply for exemptions from the FMCSRs, and the provisions 
used to process them.
    The FMCSA must publish a notice in the Federal Register for each 
exemption requested, explain the request that has been filed; provide 
the public with an opportunity to inspect the safety analysis and any 
other relevant information known to the agency; and request public 
comment on the exemption. When granting a request for an exemption, the 
agency must publish a notice in the Federal Register identifying the 
person or class of persons who will receive the exemption, the 
provisions from which the person will be exempt, the effective period 
and all terms and conditions of the exemption. The terms and conditions 
established by the FMCSA must ensure that the exemption will likely 
achieve a level of safety that is equivalent to, or greater than, the 
level that would be achieved by complying with the regulation.

Weirton's Application for an Exemption

    Weirton submitted a request for exemptions from all the safety 
requirements of Subchapter B of Chapter III, Title 49 of the Code of 
Federal Regulations, commonly referred to as the FMCSRs. A copy of the 
application is in the docket listed in the heading of this notice.
    According to the application, Weirton's 44 drivers transport steel 
coils between the company's mill and its warehouse. The maximum 
distance the coils are transported is approximately 6 miles. From the 
warehouse, an outside carrier transports the coils to the customers.
    Furthermore, Weirton asserts that its drivers travel primarily 
under ``urban'' conditions with traffic lights at almost every corner. 
The terrain is flat and the posted speed limit is 25 mph. In addition, 
the drivers work an 8-hour shift with an average of 3 hours of driving 
time during the shift. The company has operated in the city of Weirton 
since 1909. The application indicates that no company official or union 
official is aware of any fatigue-related accidents involving the 
company's drivers.
    Weirton believes that in order to comply with Federal safety 
regulations, the company must hire more drivers. The company requests 
the exemption because its safety management controls and safety 
performance suggest that the Federal safety regulations are not 
necessary for their operations. Weirton believes it is capable of 
achieving an equivalent or greater level of safety through its 
management practices.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment from all interested parties on Weirton's 
application for an exemption from all of the safety requirements of 
Subchapter B to Chapter III, title 49 of the CFR. The agency may grant 
or deny the application based on the comments received, and any other 
relevant information that is available to the agency.

    Issued on: December 20, 2002.
Annette M. Sandberg,
Deputy Director.
[FR Doc. 02-32785 Filed 12-26-02; 8:45 am]
BILLING CODE 4910-EX-P