[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 38016-38018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13597]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0420]
Hours of Service of Drivers: Specialized Carriers & Rigging
Association (SC&RA); Application for Renewal of Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: FMCSA announces its decision to renew the exemption from the
minimum 30-minute rest break provision of the Agency's hours-of-service
(HOS) regulations requested by the Specialized Carriers & Rigging
Association (SC&RA) for certain commercial motor vehicle (CMV) drivers.
The exemption covers drivers for all specialized carriers transporting
loads that exceed normal weight and dimensional limits--oversize/
overweight (OS/OW) loads--and require a permit issued by a government
authority. FMCSA has analyzed the exemption application and the public
comments and has determined that the exemption, subject to the terms
and conditions imposed, will likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.
DATES: The exemption is applicable from June 18, 2020 through June 17,
2025.
ADDRESSES:
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line Federal Docket Management System
(FDMS) is available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments on-line.
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.
FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Ms. Pearlie Robinson, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone: 202-366-4225. 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
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-2020-0420'' in the ``Keyword'' box and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document to review. If you do not have access to the internet, you
may view the docket 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. To be sure someone is
there to help you, please call (202) 366-9317 or (202) 366-9826 before
visiting Docket Operations.
[[Page 38017]]
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide 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. Background
The SC&RA requested a renewal of the exemption from the mandatory
rest break requirement of 49 CFR 395.3(a)(3)(ii) on behalf of all
specialized carriers and drivers responsible for the transportation of
loads exceeding standard legal weight and dimensional limits--oversize/
overweight (OS/OW) loads--that require a permit issued by a government
authority. The exemption was first granted on June 18, 2015 (80 FR
34957) and later extended through June 17, 2020 (81 FR 79556, Nov. 14,
2016).
According to SC&RA the 30-minute break uniquely affects OS/OW loads
and has exacerbated the number of instances in which drivers have had
to park these loads at roadside, consequently impacting the safety of
both the public and the driver. The renewed exemption would apply to
all specialized carriers and drivers responsible for the transportation
of loads that exceed maximum legal weight and dimensional limits--OS/OW
loads--that require a permit issued by a government authority. The
hours of operation in which a driver may move an OS/OW load on a valid
permit vary tremendously from State to State, and even among local
jurisdictions within a State, differ in terms of the days of the week
and hours of the day when transit is allowed. Because hours in which an
OS/OW load can travel are restricted by permit requirements, those
hours will often conflict with the timing of the required 30-minute
rest break.
SC&RA specifically cites four instances demonstrating this
conflict. As less space is available for parking OS/OW trucks,
specialized tractor/trailer combinations transporting OS/OW loads will
increasingly be parked alongside interstate or other highways and ramp
shoulders, further compromising their safety and the safety of the
public on the roadways.
SC&RA states that the industry has been diligent in ensuring that
its drivers are safety compliant by identifying, deploying, analyzing
and monitoring best practices. The effectiveness of the industry's
efforts is substantiated through its safety record. By demand and due
to the type and nature of the size and weight involved, these drivers
tend to be more experienced and skilled than many drivers in the motor
carrier industry. Safety is achieved through rigorous, mandated
training for all drivers on a regular basis, in conjunction with annual
safety checks, and self-imposed random safety audits. Furthermore, most
specialized transportation carriers conduct weekly--or sometimes more
frequent--meetings with drivers to ensure that they are current on
information with regard to operating OS/OW loads in their industry.
SC&RA does not foresee any negative impact to safety from the
requested exemption. It believes that granting the exemption would have
a favorable impact on overall safety by reducing the frequency of
drivers resorting to less than ideal parking options, thereby reducing
the frequency of lanes being partially or fully blocked.
A copy of SC&RA's request is in the docket referenced at the
beginning of this notice.
IV. Public Comments
On April 30, 2020, FMCSA published notice of this application, and
asked for public comment (85 FR 24086). The Truckload Carriers
Association and 19 individuals submitted comments in favor of the
exemption renewal; there were no opposing comments.
TCA wrote:
Inadequate truck parking already presents a problem for
truckload carriers, but our members which haul OS/OW loads face even
more overwhelming obstacles. As SC&RA pointed out in its request,
the only option for drivers is often to park these loads on the
shoulders of interstates, highways, and ramps. Drivers are required
to protect and alert the motoring public by employing traffic
control measures, but sometimes, the OS/OW load cannot be completely
parked off the roadway. This situation clearly presents a heightened
safety risk for the general motoring public, the driver, and public
and emergency personnel. FMCSA agreed that these safety concerns are
too significant to ignore and granted SC&RA's initial exemption
request on June 18, 2015. Now, we encourage FMCSA to renew this
exemption to protect safety through ensuring necessary flexibility
in the federal regulations.
One individual, Dave Wittwer stated ``We encourage FMCSA to renew
the 30-minute exemption that expires on June 18. The basis of this
recommendation is safety for the drivers and the public at large.''
V. FMCSA Decision
FMCSA has evaluated SC&RA's application and the public comments.
The Agency believes finding suitable parking for trucks with OS/OW
loads is particularly difficult, as SC&RA pointed out, and the default
option is likely to be parking on the shoulder of a highway, with the
load sometimes extending into the lanes of traffic. No matter how well
marked, trucks parked at roadside, especially at night, are too often
mistaken for moving vehicles and struck, frequently with fatal
consequences, before an inattentive driver can correct his or her
mistake. FMCSA has therefore decided to grant the exemption, subject to
the terms and conditions outlined below.
Terms of the Exemption
1. Drivers of specialized loads moving in interstate commerce that
exceed normal weight and dimensional limits--oversize/overweight (OS/
OW) loads--and require a permit issued by a government authority, are
exempt from the requirement for a 30-minute rest break in Sec.
395.3(a)(3)(ii). Drivers of loads not moving in interstate commerce are
not eligible for this exemption.
2. Drivers must have a copy of this exemption document in their
possession while operating under the terms of the exemption. The
exemption document must be presented to law enforcement officials upon
request.
3. All motor carriers operating under this exemption must have a
``Satisfactory'' safety rating with FMCSA, or be ``unrated.'' Motor
carriers with ``Conditional'' or ``Unsatisfactory'' FMCSA safety
ratings are prohibited from using this exemption.
[[Page 38018]]
Period of the Exemption
This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is
effective June 18, 2020 through June 17, 2025, 11:59 p.m. local time.
Extent of the Exemption
This exemption is limited to the provisions of 49 CFR
395.3(a)(3)(ii). These drivers must comply with all other applicable
provisions of the FMCSRs.
Preemption
In accordance with 49 U.S.C. 31315(d), during the period this
exemption is in effect, no State shall enforce any law or regulation
that conflicts with or is inconsistent with this exemption with respect
to a firm or person operating under the exemption.
Notification to FMCSA
Any motor carrier utilizing this exemption must notify FMCSA within
5 business days of any accident (as defined in 49 CFR 390.5), involving
any of the motor carrier's CMV drivers operating under the terms of
this exemption. The notification must include the following
information:
a. Name of Exemption: ``SC&RA'';
b. Name of operating motor carrier and USDOT number;
c. Date of the accident;
d. City or town, and State, in which the accident occurred, or
closest to the accident scene;
e. Driver's name and license number and State of issuance;
f. Vehicle number and State license plate number;
g. Number of individuals suffering physical injury;
h. Number of fatalities;
i. The police-reported cause of the accident;
j. Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations; and
k. The driver's total driving time and total on-duty time prior to
the accident.
Reports filed under this provision shall be emailed to
[email protected].
Termination
FMCSA believes carriers transporting OS/OW loads under permit will
continue to maintain their previous safety record while operating under
this exemption. However, should problems occur, FMCSA will take all
steps necessary to protect the public interest, including revocation or
restriction of the exemption. The FMCSA will immediately revoke or
restrict the exemption for failure to comply with its terms and
conditions.
James A. Mullen,
Deputy Administrator.
[FR Doc. 2020-13597 Filed 6-23-20; 8:45 am]
BILLING CODE 4910-EX-P