[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Proposed Rules]
[Pages 15217-15219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06391]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0050]

49 CFR Parts 393 and 395


Hours of Service of Drivers; Parts and Accessories: ArcelorMittal 
Indiana Harbor, LLC, Application for Exemptions

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

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

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SUMMARY: FMCSA announces that it has received an application from 
ArcelorMittal Indiana Harbor, LLC (ArcelorMittal) requesting exemptions 
for our regulations. The first exemption request is for ArcelorMittal's 
employee-drivers with commercial driver's licenses (CDLs) who transport 
steel coils between their production and shipping locations on public 
roads. ArcelorMittal requests this exemption to allow its employee-
drivers to work up to 16 hours per day and be allowed to return to work 
with less than the mandatory 10 consecutive hours off duty. 
ArcelorMittal also requests exemptions in parts of our regulations for 
its coil carriers that do not meet all of the vehicle requirements in 
sections of our regulations. FMCSA requests public comment on 
ArcelorMittal's application for exemptions.

DATES: Comments must be received on or before April 21, 2016.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2016-0050 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov, and follow the online 
instructions for accessing the dockets, or go to the street address 
listed above.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Public participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can obtain electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal Web site. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: [email protected]. If you 
have questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2016-0050), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2016-0050'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope. FMCSA will consider all comments and material received 
during the comment period and may grant or not grant this application 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, ``FMCSA-2016-0050'' in the ``Keyword'' box and click 
``Search.'' Next, click ``Open Docket Folder'' button and choose the 
document listed to review. If you do not have access to the Internet, 
you may view the docket online by visiting the Docket Management 
Facility in Room W12-140 on the ground floor of the DOT West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., e.t., Monday through Friday, except Federal holidays.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. FMCSA must publish a notice of each exemption request in 
the Federal Register (49 CFR 381.315(a)). The Agency must provide

[[Page 15218]]

the public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

III. Request for Exemption

    Under 49 CFR 395.3(a)(2), a property-carrying commercial motor 
vehicle (CMV) driver is prohibited from operating a CMV after having 
been on duty for 14 consecutive hours following 10 or more consecutive 
hours off duty. Once an individual has reached the end of this 14 
consecutive-hour period, he or she cannot drive a CMV again without 
taking a minimum of 10 consecutive hours off duty.
    ArcelorMittal (USDOT 1098829) operates a steel plant that is 
located in East Chicago, Indiana, its principal place of business. The 
plant currently encompasses an area which has several public roadways 
that run through its present location. Steel coils produced in one 
portion of the plant require driver-employees to travel on public 
roadways at two points to move the coils to another portion of the 
plant for further processing or for shipment to customers. Both points 
are controlled intersections, having either traffic lights or a 
combination of traffic lights and signs in the area, where the vehicles 
cross. The first public road the CMVs cross is Riley Road. The crossing 
is controlled by a traffic signal in both directions. The distance 
traveled at this crossing is 80 feet in length. The average number of 
crossings at this intersection is 24 per day. The second crossing is at 
Dickey Road and 129th Street. The distance traveled at this crossing is 
.2 miles. The trucks cross 129th Street 24 times per day.
    All employee-drivers are required to hold CDLs and adhere to the 
regulations that apply to CMV drivers. Specialized equipment and 
trailers are used to move steel coils due to the size of the coils. The 
tractors maximum speed is 30-35 miles per hour, but when moving a fully 
loaded trailer the maximum speed is 15 miles per hour.
    Trailer beds are configured in such a way as create a cradle to 
hold the steel coils in place on the bed of the trailer. The trailers 
have a bed height of 68 inches, and bed width of 114 inches. The 
trailers maximum height is 14 feet.
    The tractors and trailer in combination unloaded have a gross 
combination weight of 77,000 pounds. When fully loaded the gross 
combination vehicle weight is 263,171 pounds. Additionally, the 
trailers have off-road tires. These types of tires are necessary to 
operate both inside and outside the plant safely, given the type of 
roadway surface inside the plant area and the weight of the loads. 
These vehicles have many of the same features of a typical tractor and 
trailer, but do not meet all of the parts and accessories requirements 
in 49 CFR part 393.
    When employee-drivers move these vehicles, they are fully marked as 
an ``oversize load'' and have flags on the front of the tractor. The 
driving of these vehicles amounts to 10 percent of the employee-drivers 
total work day. ArcelorMittal contends that none of these employee-
drivers work more than 16 hours per day and advises that a 16-hour work 
day is the exception, not the rule.
    According to ArcelorMittal, the current hours-of-service (HOS) 
regulations create problems for employee-drivers as these employees 
typically work an 8-hour shift plus overtime while employees in the 
production and shipping areas work 12-hour shifts. Employee-drivers 
must go home under the current arrangement leaving a 4-hour gap between 
production and the driver's schedule, creating a possible shortage of 
coils for shipping or processing. ArcelorMittal asserts that the 
limited amount of employees used to drive the CMVs make it difficult to 
schedule when the vehicles move. ArcelorMittal anticipates only 3 of 
the 24 crossings at each noted intersection would occur after the 14th 
hour on-duty.
    ArcelorMittal requests an exemption from 49 CFR part 395 for its 
employee-drivers. Under a waiver of the HOS regulations, employee-
drivers would be able to follow the same schedule as the employees in 
the production and shipping areas. ArcelorMittal could then minimize 
the chances of possible shortages of coils for shipping or processing. 
ArcelorMittal advises that it would ensure all employee-drivers would 
not work more than 16 hours per shift, would receive 8 hours off duty 
between shifts, and would not be allowed to drive more than 10 percent 
of their total work day.
    ArcelorMittal also requests exemptions for its coil carriers from 
certain sections in 49 CFR part 393 as follows: The heavy hauler 
trailer definition in Sec.  393.5; the height of rear side marker 
lights in Sec.  393.11 Table 1--Footnote 4; the tire loading 
restrictions in Sec.  393.75(f); and the coil securement requirements 
in Sec.  393.120. As previously noted, the vehicles used to transport 
steel coils have many of the same features of a typical tractor and 
trailer, but do not meet all of the parts and accessories requirements 
in 49 CFR part 393.
    According to ArcelorMittal, its equipment was designed for in-
facility use and very limited road use. Public roadways are crossed due 
to operational necessity. ArcelorMittal advises that they have never 
had an issue at the crossings mentioned with their equipment or 
drivers. The coils are well-secured in the vehicles with the cradle 
design of their trailers. The time it would take to secure the coils 
per the regulations would be longer than the transit time it takes to 
move the coils from part of the plant to another.
    ArcelorMittal asserts that it has taken additional precautions to 
make sure the public roadway crossings are at the shortest points and 
only at controlled intersections. ArcelorMittal ensures all lights are 
properly working on both the tractor and trailer. They also flag and 
mark the vehicles as ``oversize'' loads. Trailers have conspicuity tape 
down the entire side to make them more visible to other traffic. 
ArcelorMittal believes that the additional precautions ensure a level 
of safety that is equivalent to or exceeds the level of safety achieved 
by following the regulations.
    ArcelorMittal acknowledges in its application that these drivers 
would still be subject to all of the other applicable Federal 
regulations. This includes qualification of drivers, controlled 
substance and alcohol testing and inspection, and maintenance and 
repair of vehicles.
    Included in ArcelorMittal's application are illustrations of the 
plant's location, public roads crossed, and pictures of the tractors 
and trailers used to transport the steel coils. A copy of 
ArcelorMittal's application for the exemptions is available for review 
in the docket for this notice.


[[Page 15219]]


    Issued on: March 16, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-06391 Filed 3-21-16; 8:45 am]
BILLING CODE 4910-EX-P