Hours of Service of Drivers: Specialized Carriers & Rigging Association (SC&RA); Application for Exemption, 34957-34959 [2015-15018]
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Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices
Phase 2 assessment will include survey
questions and short quizzes to be
answered by the participants before and
shortly after the training sessions, in
order to gauge student absorption and
retention of the course materials.
Information will be collected in
hardcopy or electronic form.
Phase 3 is a behavior assessment,
conducted at least two months
following the completion of the training
sessions. This phase is designed to
assess changes in responder behavior,
the relevance of those changes to
improved incident response, and their
sustainability over time. Information
will be collected via survey of training
participants, their peers, and their
supervisors. Peer and supervisor
feedback is essential to obtaining
objective, reliable assessments of trainee
behavior change. Information will be
collected via electronic survey.
Phase 4 assesses organizational
change resulting from the training
program in the medium and long-terms.
Surveys will be distributed
electronically to senior management
officials of trainee organizations. Initial
surveys will be conducted at least three
months after training sessions, with
annual follow-up surveys for up to three
years to gauge long-term effects of the
training program.
Respondents: For training
participants: Approximately 33,905
training participants in the first year,
36,905 in the second year, 53,905 in the
third year—total of approximately
124,715 participants over a three year
period. For supervisors: Approximately
3,390 in the first year, 3,690 in the
second year, and 5,390 in the third
year—total of 12,470 over three years.
For senior management: Approximately
1,130 in the first year, 1,230 in the
second year, and 1,800 in the third
year—4,160 total over three years,
including annual follow-up surveys of
first and second year organizations.
Total estimated respondents per year:
Approximately 38,425 in year one,
41,925 in year two, 61,095 in year
three—grand total of 141,445 over three
years.
Frequency: Annually.
Estimated Average Burden per
Response: For training participants:
Approximately 45 minutes per
participant. For supervisors:
Approximately 30 minutes per
participant. For senior managers:
Approximately 30 minutes per
participant.
Estimated Total Annual Burden
Hours: For training participants:
Approximately 31,179 hours annually.
For supervisors: Approximately 2,078
hours annually. For senior managers:
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Approximately 693 hours annually.
Total hours annually: 33,950.
Electronic Access: For access to the
docket to read background documents
or comments received, go to https://
www.regulations.gov. Follow the online
instructions for accessing the dockets.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection of
information is necessary for the U.S.
DOT’s performance, including whether
the information will have practical
utility; (2) the accuracy of the U.S.
DOT’s estimate of the burden of the
proposed information collection; (3)
ways to enhance the quality, usefulness,
and clarity of the collected information;
and (4) ways that the burden could be
minimized, including the use of
electronic technology, without reducing
the quality of the collected information.
The agency will summarize and/or
include your comments in the request
for OMB’s clearance of this information
collection.
Authority: The Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended;
and 49 CFR 1.48.
Issued on: June 11, 2015.
Michael Howell,
Information Collections Officer.
[FR Doc. 2015–14933 Filed 6–17–15; 8:45 am]
BILLING CODE 4910–22–P
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
Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
FMCSA announces its
decision to grant the Specialized
Carriers & Rigging Association (SC&RA)
an exemption from the minimum 30minute rest break provision of the
Agency’s hours-of-service (HOS)
regulations for commercial motor
vehicle (CMV) drivers. The exemption
enables all specialized carriers and
drivers responsible for the
transportation of loads that exceed
normal weight and dimensional limits—
oversize/overweight (OS/OW) loads—
and require a permit issued by a
government authority, to be exempt
SUMMARY:
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34957
from the 30-minute rest break provision
in 49 CFR 395.3(a)(3)(ii). FMCSA has
analyzed the exemption application and
the public comments and has
determined that the exemption, subject
to the terms and conditions imposed,
will 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 effective June
18, 2015 and expires on June 18, 2017.
FOR FURTHER INFORMATION CONTACT: Mr.
Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver, and Vehicle Safety
Standards; Telephone: 202–366–4325.
Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
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
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 of the exemption (up to
2 years) and explain the terms and
conditions of the exemption. The
exemption may be renewed (49 CFR
381.300(b)).
Request for Exemption
The SC&RA is an international trade
association of nearly 1,300 member
companies from 43 nations. SC&RA
members are involved in specialized
transportation, machinery moving and
erecting, industrial maintenance,
millwrighting, and crane rigging,
operation, manufacturing, and rental.
SC&RA requests an exemption from
the 30-minute rest break provision in 49
CFR 395.3(a)(3)(ii). The exemption
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34958
Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices
would apply industry-wide to 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. According to SC&RA, the 30minute break uniquely affects OS/OW
loads and has exacerbated the number
of instances in which drivers have had
to park these loads at roadside,
impacting the safety of both the general
public and the driver. The hours of
operation in which a driver may move
an OS/OW load on a valid permit vary
from State to State, and among local
jurisdictions within a State. Because
hours in which an OS/OW load can
travel are restricted by permit
requirements, often those hours are in
conflict with the timing of the required
30-minute rest break.
According to SC&RA, as less space is
available for parking OS/OW vehicles,
specialized tractor/trailer combinations
transporting OS/OW loads will
increasingly be parked alongside
interstate or other highways and ramp
shoulders, further compromising safety.
An average OS/OW load may measure
approximately 15–16 feet wide and high
and in excess of 100 feet in length.
Occasionally, the safest option for
drivers is to park such loads on the
shoulders of interstate routes and other
highways, and on ramps leading to and
from those highways. This decision
requires the driver to protect and alert
the motoring public by employing traffic
control measures such as setting up
safety cones. In some instances, the OS/
OW load is so large and/or the shoulder
width is so limited, that the tractortrailer combination cannot be properly
parked off the roadway and therefore
occupies an entire lane of the road.
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 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
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16:53 Jun 17, 2015
Jkt 235001
regard to operating OS/OW loads in
their industry.
Further details regarding SC&RA’s
safety controls can be found in its
application for exemption. The
application can be accessed in the
docket identified at the beginning of this
notice. 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.
The proposed exemption would be
effective for 2 years, the maximum
period allowed by § 381.300.
Public Comments
On November 24, 2014, FMCSA
published notice of this application, and
asked for public comment (79 FR
69983); 79 responses were submitted.
Comments in favor of the proposed
exemption were submitted by the
California Construction Trucking
Association (CCTA); Dawes Rigging &
Crane Rental Inc.; Mammoet USA South
Inc.; Miller Transfer; the OwnerOperator Independent Drivers
Association (OOIDA); Suit-Kote
Corporation; and 42 individuals and
truck drivers.
CCTA stated that it ‘‘encourages
FMCSA to grant the exemption from the
30-minute break requirement (49 CFR
395.3(a)(3)(ii)) requested by SC&RA
because we believe granting the
exemption request will achieve the
same level of safety benefit when
compared to those drivers still
mandated to take the break.’’
OOIDA concurred ‘‘with the request
for exemption of the 30-minute break
requirement submitted by the SCRA.
The exemption request, which
addresses a number of concerns raised
by OOIDA members with the 2013
changes to the hours-of-service
regulations, would provide a level of
safety equal to or greater than that
achieved without the exemption.
Oversize/Overweight loads present
challenges for the driver and all other
parties involved in the movement of the
load.’’
Ms. Tiffany Myhre commented that ‘‘I
support the exemption filed by SC&RA
regarding the 30 minute break
requirement for carriers hauling
oversize/overweight loads under a
permit. This break can cause concerns
when we have DPS escorts that are
trying to push us through the 30 minute
break.’’
The American Trucking Associations
(ATA) and the International Union of
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Operating Engineers (IUOE) were among
26 respondents that did not explicitly
support or oppose the proposed
exemption. Many of the individual
respondents commented on the
impracticality of the 30-minute rule and
the unintended consequences it entails.
The ATA wrote that ‘‘The safety of the
industry and the driving public is better
served by rules that encourage
flexibility to drive when alert and to
make decisions to reduce risk.
Furthermore, by crafting and enforcing
a rigid rule that doesn’t account for
diversity of trucking operations, FMCSA
is forced to expend additional valuable
resources to address the myriad of
exemption requests seeking the
additional flexibility that should have
been addressed during the rulemaking
process.’’
A commenter who identified himself
as Arthur P. stated that ‘‘Most routes on
2 lane roads have no parking for trucks
let alone a truck with an OS load. States
like Ohio and Pennsylvania will not
allow you off your route for fuel or food
let alone a DOT required break. If you
stop before you enter Ohio for your 30
minute break, you might not have
enough time to cross Ohio. Then you
will be in violation of Ohio law because
you have nowhere to stop.’’
The IUOE recommended that ‘‘the
FMCSA undertake a study of the safety
and health benefits of a 30-minute break
for operators of specialized CMVs in the
construction industry before making a
determination on the SCRA’s request for
an exemption.’’ IUOE also urged ‘‘the
FMCSA to study the extent to which the
SCRA’s primary justification for the
exemption from the rule—i.e., the
alleged greater danger created by the
limited availability of commercial
vehicle parking spaces—is factually
accurate for most OS/OW loads for
which a permit is required given the
distances typically travelled. Without
this, information, the FMCSA is in no
position to evaluate whether the SCRA
has met its burden of proof.’’
The Advocates for Highway and Auto
Safety (Advocates) were among the five
respondents who opposed the
exemption. The Advocates commented
that ‘‘None of the measures described by
SCRA are related in any way to the need
to combat the acute fatigue of working
and driving a vehicle for up to eight
hours straight. The FMCSA itself made
the case that safety requires a one-half
hour break after eight hours on duty,
and the Application provides no
information to either refute or
countermand the need for that break
time as it applies to OS/OW operators.’’
A commenter identified only as Trish
said that ‘‘All drivers are faced with the
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Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices
challenge of finding refuge for the
required 30 minute break, whether it’s
from traffic or fear of life in some
instances. Continuing to grant
exemptions defeats the purpose of the
rule and is unfair to grant on the basis
of someone’s business model. Choosing
to haul cattle, household OR oversize
should not exempt carriers from the
rules and regulations enacted to
promote safety.’’
tkelley on DSK3SPTVN1PROD with NOTICES
FMCSA Decision
FMCSA has evaluated SC&RA’s
application and the public comments
and decided to grant the exemption. The
arguments against the exemption are not
trivial. While livestock may be
physically endangered if the vehicle
transporting them has to stop while the
driver takes a 30-minute break—as
recognized in the exemption granted to
livestock haulers (79FR 33634, June 11,
2014)—the same cannot be said of OS/
OW loads. It is also true that parking
shortages affect drivers of many types of
vehicle. Nonetheless, 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 mistake. Based on
available information, the number of
such crashes likely to occur during a 30minute break cannot be estimated, but
the Agency has concluded that drivers
of OS/OW vehicles are at least as likely
to be involved in a crash while parked
at roadside during a 30-minute break as
while driving during that same period
and the hour or so thereafter, where the
break typically has the greatest benefit.
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 § 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
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Jkt 235001
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.
4. All motor carriers operating under
this exemption must have Safety
Measurement System (SMS) scores
below FMCSA’s intervention
thresholds, as displayed at https://
ai.fmcsa.dot.gov/sms/.
Period of the Exemption
This exemption from the
requirements of 49 CFR 395.3(a)(3)(ii) is
granted for the period from 12:01 a.m.,
June 18, 2015 through 11:59 p.m., June
18, 2017.
34959
Reports filed under this provision
shall be emailed to MCPSD@DOT.GOV.
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.
Issued on: June 8, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015–15018 Filed 6–17–15; 8:45 am]
BILLING CODE 4910–EX–P
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 operating motor carrier
and USDOT number,
b. Date of the accident,
c. City or town, and State, in which
the accident occurred, or closest to the
accident scene,
d. Driver’s name and license number
and State of issuance,
e. Vehicle number and State license
plate number,
f. Number of individuals suffering
physical injury,
g. Number of fatalities,
h. The police-reported cause of the
accident,
i. Whether the driver was cited for
violation of any traffic laws or motor
carrier safety regulations, and
j. The driver’s total driving time and
total on-duty time period prior to the
accident.
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
Agency Information Collection
Activity; Proposed Collection
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the IRS is
soliciting comments concerning Special
Valuation Rules.
DATES: Written comments should be
received on or before August 17, 2015
to be assured of consideration.
ADDRESSES: Direct all written comments
to Christie A. Preston, Internal Revenue
Service, Room 6129, 1111 Constitution
Avenue NW., Washington, DC 20224.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the regulations should be
directed to Martha R. Brinson, Internal
Revenue Service, Room 6129, 1111
Constitution Avenue NW., Washington,
DC 20224, or through the Internet at
Martha.R.Brinson@irs.gov.
SUPPLEMENTARY INFORMATION:
Title: Special Valuation Rules.
OMB Number: 1545–1241.
Regulation Project Number: TD 8395.
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Notices]
[Pages 34957-34959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15018]
-----------------------------------------------------------------------
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 Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant the Specialized Carriers
& Rigging Association (SC&RA) an exemption from the minimum 30-minute
rest break provision of the Agency's hours-of-service (HOS) regulations
for commercial motor vehicle (CMV) drivers. The exemption enables all
specialized carriers and drivers responsible for the transportation of
loads that exceed normal weight and dimensional limits--oversize/
overweight (OS/OW) loads--and require a permit issued by a government
authority, to be exempt from the 30-minute rest break provision in 49
CFR 395.3(a)(3)(ii). FMCSA has analyzed the exemption application and
the public comments and has determined that the exemption, subject to
the terms and conditions imposed, will 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 effective June 18, 2015 and expires on June 18,
2017.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver, and Vehicle
Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
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 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 of the
exemption (up to 2 years) and explain the terms and conditions of the
exemption. The exemption may be renewed (49 CFR 381.300(b)).
Request for Exemption
The SC&RA is an international trade association of nearly 1,300
member companies from 43 nations. SC&RA members are involved in
specialized transportation, machinery moving and erecting, industrial
maintenance, millwrighting, and crane rigging, operation,
manufacturing, and rental.
SC&RA requests an exemption from the 30-minute rest break provision
in 49 CFR 395.3(a)(3)(ii). The exemption
[[Page 34958]]
would apply industry-wide to 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. 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, impacting the safety of both the general public and the
driver. The hours of operation in which a driver may move an OS/OW load
on a valid permit vary from State to State, and among local
jurisdictions within a State. Because hours in which an OS/OW load can
travel are restricted by permit requirements, often those hours are in
conflict with the timing of the required 30-minute rest break.
According to SC&RA, as less space is available for parking OS/OW
vehicles, specialized tractor/trailer combinations transporting OS/OW
loads will increasingly be parked alongside interstate or other
highways and ramp shoulders, further compromising safety. An average
OS/OW load may measure approximately 15-16 feet wide and high and in
excess of 100 feet in length. Occasionally, the safest option for
drivers is to park such loads on the shoulders of interstate routes and
other highways, and on ramps leading to and from those highways. This
decision requires the driver to protect and alert the motoring public
by employing traffic control measures such as setting up safety cones.
In some instances, the OS/OW load is so large and/or the shoulder width
is so limited, that the tractor-trailer combination cannot be properly
parked off the roadway and therefore occupies an entire lane of the
road.
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
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.
Further details regarding SC&RA's safety controls can be found in
its application for exemption. The application can be accessed in the
docket identified at the beginning of this notice. 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.
The proposed exemption would be effective for 2 years, the maximum
period allowed by Sec. 381.300.
Public Comments
On November 24, 2014, FMCSA published notice of this application,
and asked for public comment (79 FR 69983); 79 responses were
submitted. Comments in favor of the proposed exemption were submitted
by the California Construction Trucking Association (CCTA); Dawes
Rigging & Crane Rental Inc.; Mammoet USA South Inc.; Miller Transfer;
the Owner-Operator Independent Drivers Association (OOIDA); Suit-Kote
Corporation; and 42 individuals and truck drivers.
CCTA stated that it ``encourages FMCSA to grant the exemption from
the 30-minute break requirement (49 CFR 395.3(a)(3)(ii)) requested by
SC&RA because we believe granting the exemption request will achieve
the same level of safety benefit when compared to those drivers still
mandated to take the break.''
OOIDA concurred ``with the request for exemption of the 30-minute
break requirement submitted by the SCRA. The exemption request, which
addresses a number of concerns raised by OOIDA members with the 2013
changes to the hours-of-service regulations, would provide a level of
safety equal to or greater than that achieved without the exemption.
Oversize/Overweight loads present challenges for the driver and all
other parties involved in the movement of the load.''
Ms. Tiffany Myhre commented that ``I support the exemption filed by
SC&RA regarding the 30 minute break requirement for carriers hauling
oversize/overweight loads under a permit. This break can cause concerns
when we have DPS escorts that are trying to push us through the 30
minute break.''
The American Trucking Associations (ATA) and the International
Union of Operating Engineers (IUOE) were among 26 respondents that did
not explicitly support or oppose the proposed exemption. Many of the
individual respondents commented on the impracticality of the 30-minute
rule and the unintended consequences it entails.
The ATA wrote that ``The safety of the industry and the driving
public is better served by rules that encourage flexibility to drive
when alert and to make decisions to reduce risk. Furthermore, by
crafting and enforcing a rigid rule that doesn't account for diversity
of trucking operations, FMCSA is forced to expend additional valuable
resources to address the myriad of exemption requests seeking the
additional flexibility that should have been addressed during the
rulemaking process.''
A commenter who identified himself as Arthur P. stated that ``Most
routes on 2 lane roads have no parking for trucks let alone a truck
with an OS load. States like Ohio and Pennsylvania will not allow you
off your route for fuel or food let alone a DOT required break. If you
stop before you enter Ohio for your 30 minute break, you might not have
enough time to cross Ohio. Then you will be in violation of Ohio law
because you have nowhere to stop.''
The IUOE recommended that ``the FMCSA undertake a study of the
safety and health benefits of a 30-minute break for operators of
specialized CMVs in the construction industry before making a
determination on the SCRA's request for an exemption.'' IUOE also urged
``the FMCSA to study the extent to which the SCRA's primary
justification for the exemption from the rule--i.e., the alleged
greater danger created by the limited availability of commercial
vehicle parking spaces--is factually accurate for most OS/OW loads for
which a permit is required given the distances typically travelled.
Without this, information, the FMCSA is in no position to evaluate
whether the SCRA has met its burden of proof.''
The Advocates for Highway and Auto Safety (Advocates) were among
the five respondents who opposed the exemption. The Advocates commented
that ``None of the measures described by SCRA are related in any way to
the need to combat the acute fatigue of working and driving a vehicle
for up to eight hours straight. The FMCSA itself made the case that
safety requires a one-half hour break after eight hours on duty, and
the Application provides no information to either refute or countermand
the need for that break time as it applies to OS/OW operators.''
A commenter identified only as Trish said that ``All drivers are
faced with the
[[Page 34959]]
challenge of finding refuge for the required 30 minute break, whether
it's from traffic or fear of life in some instances. Continuing to
grant exemptions defeats the purpose of the rule and is unfair to grant
on the basis of someone's business model. Choosing to haul cattle,
household OR oversize should not exempt carriers from the rules and
regulations enacted to promote safety.''
FMCSA Decision
FMCSA has evaluated SC&RA's application and the public comments and
decided to grant the exemption. The arguments against the exemption are
not trivial. While livestock may be physically endangered if the
vehicle transporting them has to stop while the driver takes a 30-
minute break--as recognized in the exemption granted to livestock
haulers (79FR 33634, June 11, 2014)--the same cannot be said of OS/OW
loads. It is also true that parking shortages affect drivers of many
types of vehicle. Nonetheless, 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
mistake. Based on available information, the number of such crashes
likely to occur during a 30-minute break cannot be estimated, but the
Agency has concluded that drivers of OS/OW vehicles are at least as
likely to be involved in a crash while parked at roadside during a 30-
minute break as while driving during that same period and the hour or
so thereafter, where the break typically has the greatest benefit.
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.
4. All motor carriers operating under this exemption must have
Safety Measurement System (SMS) scores below FMCSA's intervention
thresholds, as displayed at https://ai.fmcsa.dot.gov/sms/.
Period of the Exemption
This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is
granted for the period from 12:01 a.m., June 18, 2015 through 11:59
p.m., June 18, 2017.
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 operating motor carrier and USDOT number,
b. Date of the accident,
c. City or town, and State, in which the accident occurred, or
closest to the accident scene,
d. Driver's name and license number and State of issuance,
e. Vehicle number and State license plate number,
f. Number of individuals suffering physical injury,
g. Number of fatalities,
h. The police-reported cause of the accident,
i. Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations, and
j. The driver's total driving time and total on-duty time period
prior to the accident.
Reports filed under this provision shall be emailed to
MCPSD@DOT.GOV.
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.
Issued on: June 8, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-15018 Filed 6-17-15; 8:45 am]
BILLING CODE 4910-EX-P
