[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17883-17884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08509]



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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0142]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Castignoli Enterprises

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

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

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on an application for exemption from Castignoli 
Enterprises (Castignoli) to allow a sleeper berth to be installed in 
the bed of a Ford F350 pickup truck that, when operated in combination 
with certain trailers, is a commercial motor vehicle (CMV) under the 
Federal Motor Carrier Safety Regulations (FMCSR). A sleeper berth 
installed in the bed of the pickup truck does not meet the access, 
location, exit, communication, or occupant restraint requirements for 
sleeper berths in the FMCSRs. Castignoli believes that the sleeper 
berth installed in the bed of the pickup truck will maintain a level of 
safety that is equivalent to, or greater than, the level of safety 
achieved without the exemption.

DATES: Comments must be received on or before May 24, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2018-0142 using any of the 
following methods:
     Website: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday-Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number for this notice. 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 http://www.regulations.gov, including 
any personal information provided. Please see the ``Privacy Act'' 
heading for further information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or to Room W12-140, 
DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    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 http://www.regulations.gov website is 
generally available 24 hours each day, 365 days each year. You may find 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov website as well as 
the DOT's http://docketsinfo.dot.gov website. If you would like 
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676, [email protected], Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 CFR 381.315(a), FMCSA must publish a notice of each 
exemption request in the Federal Register. The Agency must provide the 
public with 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 the safety analyses and the public comments 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)). If the Agency denies the request, it must 
state the reason for doing so. If the decision is to grant the 
exemption, the notice must specify the person or class of persons 
receiving the exemption and the regulatory provision or provisions from 
which an exemption is granted. The notice must specify the effective 
period of the exemption (up to 5 years) and explain the terms and 
conditions of the exemption. The exemption may be renewed (49 CFR 
381.315(c) and 49 CFR 381.300(b)).

Castignoli's Application for Exemption

    Castignoli applied for an exemption from 49 CFR 393.76(a)(3), 
(b)(2), (c), (d), and (h) to allow a sleeper berth to be installed in 
the bed of a Ford F350 pickup truck. A copy of the application is 
included in the docket referenced at the beginning of this notice.

    Section 393.76 of the FMCSRs provides various requirements for 
sleeper berths installed in CMVs. Specific to Castignoli's exemption 
application:
    1. Section 393.76(a)(3), ``Access,'' requires a sleeper berth to 
be constructed so that an occupant's ready entrance to, and exit 
from the sleeper berth is not unduly hindered.
    2. Section 393.76(b)(2), ``Location,'' requires a sleeper berth 
located within the cargo space of a motor vehicle to be securely 
compartmentalized from the remainder of the cargo space.
    3. Section 393.76(c), ``Exit from the berth,'' requires a direct 
and ready means of exit from a sleeper berth into the driver's seat 
or compartment.
    4. Section 393.76(d), ``Communication with the driver,'' 
requires a sleeper berth which is not located within the driver's 
compartment and has no direct entrance into the driver's compartment 
to be equipped with a means of communication between the occupant 
and the driver. The means of communication may consist of a 
telephone, speaker tube, buzzer, pull cord, or other mechanical or 
electrical device.
    5. Section 393.76(h), ``Occupant restraint,'' requires a motor 
vehicle manufactured on or after July 1, 1971, and equipped with a 
sleeper berth to be equipped with a means of preventing ejection of 
the occupant of the sleeper berth during deceleration of the 
vehicle. The restraint system must be designed, installed, and 
maintained to withstand a minimum total force of 6,000 pounds 
applied toward the front of the vehicle and parallel to the 
longitudinal axis of the vehicle.

    The applicant states that he is the owner/operator of Castignoli, 
and is the ``solo driver of a hot shot hauler, F350 1-ton pickup with 
trailer . . .'' \1\ The

[[Page 17884]]

applicant states that as a solo driver, ``there is no ready need for 
access between the sleeper berth and the driver's compartment.'' In 
addition, the applicant states:
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    \1\ In trucking, the term ``hot shot'' commonly refers to either 
the truck or the freight--often both. In the former sense, it's 
normally a Class 3-5 truck used in combination with a variety of 
trailers to run for-hire freight, whether for a single customer or 
less-than-truckload. The truck is often a \3/4\ to 1\1/2\ ton pickup 
outfitted with weight-distributing gooseneck- or fifth-wheel-type 
connections to a trailer.

    I plan to incorporate the sleeper berth into the bed of the tow 
vehicle. The utilization of this type of sleeper berth, would allow 
myself (as the sole driver) to meet the hours of [10-hour] service 
rest period requirements by utilizing a sleeper berth incorporated 
into the bed of the vehicle (Rear covered, ventilated, insulated, 
bed with cap and full size twin mattress) in lieu of a motel each 
evening. The tow vehicle/trailer combination would not be operating 
on the roadway during my 10-hour rest period, so there is no benefit 
in having the access requirements to the driver compartment, nor any 
need for communication with the driver (myself), nor any occupant 
restraint requirement as the vehicle is not moving while I am 
sleeping. The sleeper berth is separate from the trailer behind the 
tow vehicle, and is therefore separate from the cargo.
    The current FMCSR regulatory requirements for sleeper berth 
access seem to rely on the assumption that one driver is driving 
while another driver is in the sleeper berth, and that the truck is 
moving at all times. The situation that I have as a single driver is 
that when I am off duty, the vehicle is not moving and therefore 
direct access to the sleeper berth area should not be required, and 
since the vehicle is not moving there is no need for occupant 
restraint systems nor a means for communication with the driver. All 
other dimensional requirements, ventilation, and protection against 
exhaust and fuel leaks will be met.

    The applicant states that as a result of mobility issues associated 
with a partially fused spine, it is easier for him to access a sleeper 
berth installed in the bed of the pickup truck as opposed to a sleeper 
berth that could be installed in the back seat of the pickup truck that 
meets the requirements of the FMCSRs.
    The exemption would apply to Castignoli's sole driver and pickup 
truck. Castignoli believes that the sleeper berth installed in the bed 
of the pickup truck will maintain a level of safety that is equivalent 
to, or greater than, the level of safety achieved without the 
exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on Castignoli's application 
for an exemption from sections (a)(3), (b)(2), (c), (d), and (h) of 49 
CFR 393.76. All comments received before the close of business on the 
comment closing date indicated at the beginning of this notice will be 
considered and will be available for examination in the docket at the 
location listed under the ADDRESSES section of this notice. Comments 
received after the comment closing date will be filed in the public 
docket and will be considered to the extent practicable. In addition to 
late comments, FMCSA will also continue to file, in the public docket, 
relevant information that becomes available after the comment closing 
date. Interested persons should continue to examine the public docket 
for new material.

    Issued on: April 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08509 Filed 4-23-18; 8:45 am]
 BILLING CODE 4910-EX-P