[Federal Register Volume 90, Number 117 (Friday, June 20, 2025)]
[Notices]
[Pages 26405-26407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11366]
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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), Department
of Transportation (DOT).
ACTION: Notice of provisional renewal of exemption; request for
comments.
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SUMMARY: FMCSA announces its decision to provisionally renew the
Specialized Carriers & Rigging Association's (SC&RA) exemption from the
30-minute rest break provision of the Agency's hours-of-service (HOS)
regulations for certain commercial motor vehicle (CMV) drivers. The
exemption covers drivers working for specialized carriers transporting
loads that exceed normal weight and dimensional limits--oversize/
overweight (OS/OW) loads and require a permit issued by a State or
local government agency. The provisional exemption renewal is limited
to six months. After a review of the public comments to this notice,
FMCSA will issue a decision whether the exemption should be renewed
through June 2030.
DATES: The provisional renewal of the exemption is effective June 17,
2025, and expires on December 17, 2025. Comments must be received on or
before July 21, 2025.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2014-0420 by any of the following
methods:
Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and
5 p.m. E.T., Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2014-0420). Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Privacy Act: In accordance with 49 U.S.C. 31315(b)(6), DOT solicits
comments from the public on the exemption renewal request. DOT posts
these comments, 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 under the ``Department
Wide System of Records Notices'' at www.dot.gov/privacy/privacy-act-system-records-notices. The comments are searchable by the name of the
submitter and are posted without edit.
FOR FURTHER INFORMATION CONTACT: Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; FMCSA; (202) 366-4225; [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 26406]]
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2014-0420), indicate the specific section of this
document to which the comment applies, and provide a reason for your
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, insert
the docket number (FMCSA-2014-0420) in keyword box, and click on this
notice, click ``Comment,'' and type your comment into the text box on
the following screen.
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.
FMCSA will consider all comments and material received during the
comment period. Comments received after the comment closing date will
be filed in the public docket and will be considered to the extent
practicable.
B. Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to the
notice, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission that
constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will treat such marked submissions as confidential
under the Freedom of Information Act, and they will not be placed in
the public docket of the notice. Submissions containing CBI should be
sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or
via email at [email protected]. At this time, you need not send a
duplicate hardcopy of your electronic CBI submissions to FMCSA
headquarters. Any comments FMCSA receives not specifically designated
as CBI will be placed in the public docket for this notice.
C. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to https://www.regulations.gov insert FMCSA-2014-0420 in the keyword box, select
the document tab and choose the document to review. To view comments,
click this notice, then click ``Browse Comments.'' If you do not have
access to the internet, you may view the docket online by visiting
Docket Operations on the ground floor of the DOT West Building, 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., ET 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 Dockets Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from the 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 the applicant's safety analyses. The Agency must also provide
an opportunity for public comment on the request.
The Agency reviews the application, 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 absent such exemption, pursuant to the standard
set forth in 49 U.S.C 31315(b)(1). The Agency must publish the decision
in the Federal Register (49 CFR 381.315(b)). If granted, the notice
will identify the regulatory provision from which the applicant will be
exempt and the effective period and will explain all terms and
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is
denied, the notice will explain the reason for the denial (49 CFR
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
III. Background
Current Regulatory Requirements
Currently, under 49 CFR 395.3(a)(3)(ii) driving is not permitted if
more than 8 hours of driving time have passed without at least a
consecutive 30-minute interruption in driving status. A consecutive 30-
minute interruption may be satisfied either by off-duty, sleeper berth,
or on-duty not driving time, or by a combination of off-duty, sleeper
berth, and on-duty not driving time.
Application for Renewal of Exemption
SC&RA requested a renewal of its 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). FMCSA granted SC&RA's request to renew the exemption to this
docket on June 24, 2020 (85 FR 38016). The exemption expires on June
17, 2025.
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 general 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
general public on the roadways.
[[Page 26407]]
A copy of SC&RA's request is in the docket referenced at the
beginning of this notice.
IV. Equivalent Level Safety
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 daily, weekly, monthly and quarterly
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.
V. Grant of Provisional Renewal of Exemption
FMCSA determined in 2015, and again in 2020, that the exemption,
subject to the terms and conditions imposed, would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption. 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 provisionally renews the exemption for a period of six
months, instead of the five years requested by SC&RA, subject to the
terms and conditions of this decision and the absence of adverse public
comments that would cause the Agency to terminate the exemption. If
evidence of insufficient safety is not provided, FMCSA anticipates
granting a full five-year exemption on or before the provisional
exemption expires. The exemption from the requirements of 49 CFR
395.3(a)(3)(ii) is otherwise effective beginning June 17, 2025, through
December 17, 2025, 11:59 p.m. local time, unless revoked.
A. Applicability of Exemption
This exemption is applicable to 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. Such drivers 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.
B. Terms and Conditions
1. 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.
2. 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.
C. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate or intrastate
commerce that conflicts with or is inconsistent with this exemption
with respect to a firm or person operating under the exemption. States
may, but are not required to, adopt the same exemption with respect to
operations in intrastate commerce.
D. 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 CMVs operating under the terms of this
exemption. The notification must include the following information:
a. Identifier of the Exemption: ``SC&RA,''
b. Name of operating carrier and USDOT number;
c. Date of the crash;
d. City or town, and State, in which the accident occurred, or
closest to the crash scene;
e. Driver's name and license number;
f. Co-driver's name (if any) and license number;
g. Vehicle number and State license number;
h. Number of individuals suffering physical injury;
i. Number of fatalities;
j. The police-reported cause of the crash, if provided by the
enforcement agency;
k. Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations; and
l. The total on-duty time accumulated during the 7 consecutive days
prior to the date of the crash, and the total on-duty time and driving
time in the work shift prior to the crash.
Reports filed under this provision shall be emailed to
[email protected].
E. Termination
FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety record. However, the
exemption will be rescinded if: (1) SC&RA or the driver operating under
the exemption fail to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objects of 49
U.S.C. 31136(e) and 31315(b).
VI. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on SC&RA's application for an
exemption renewal. All comments received before the close of business
on the comment closing date 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.
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-11366 Filed 6-18-25; 8:45 am]
BILLING CODE 4910-EX-P