Hours of Service of Drivers: Specialized Carriers & Rigging Association; Application for Exemption, 14193-14195 [2016-05902]
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Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices
trucks for 22 years, accumulating
200,200 miles. He holds a Class DM
operator’s license from Alabama. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Johnny T. Solorio
Mr. Solorio, 47, is blind in his left eye
due to a traumatic incident in
childhood. The visual acuity in his right
eye is 20/20, and in his left eye, no light
perception. Following an examination
in 2015, his optometrist stated, ‘‘It is my
professional opinion that Mr. Solorio
has sufficient vision to perform the tasks
required to operate a commercial
vehicle.’’ Mr. Solorio reported that he
has driven straight trucks for 9 years,
accumulating 900,000 miles and tractortrailer combinations for 9 years,
accumulating 900,000 miles. He holds a
Class AM1 CDL from California. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
mstockstill on DSK4VPTVN1PROD with NOTICES
Richard R. Vonderohe
Mr. Vonderohe, 52, has had
amblyopia in his left eye since
childhood. The visual acuity in his right
eye is 20/40, and in his left eye, 20/150.
Following an examination in 2015, his
optometrist stated, ‘‘With correction, I
believe Richard has sufficient has vision
to operate a commercial vehicle.’’ Mr.
Vonderohe reported that he has driven
straight trucks for 31 years,
accumulating 496,000. He holds a Class
A CDL from Iowa. His driving record for
the last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
William J. Watts
Mr. Watts, 56, had a retinal
detachment in his left in 1970. The
visual acuity in his right eye is 20/20,
and in his left eye, 20/70. Following an
examination in 2015, his optometrist
stated, ‘‘In my medical opinion, Mr.
Watts has sufficient vision to perform
the driving tasks required to operate a
commercial vehicle.’’ Mr. Watts
reported that he has driven straight
trucks for 6 years, accumulating 60,000
miles, tractor-trailer combinations for 37
years, accumulating 4.44 million miles.
He holds a Class A CDL from Montana.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Russell Zelich
Mr. Zelich, 49, has a central retinal
scar in his right eye due to a traumatic
incident in 1980. The visual acuity in
his right eye is count fingers, and in his
left eye, 20/20. Following an
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19:28 Mar 15, 2016
Jkt 238001
examination in 2015, his optometrist
stated, ‘‘Due to central retinal scarring
his right eye is reduced to finger
counting while the left eye uncorrected
acuity is 20/25 correctable to 20/20 . . .
He has had a commercial driving license
for nearly 3 decades without a
chargeable accident . . . In my opinion
special allowances should me [sic]
made in his case.’’ Mr. Zelich reported
that he has driven straight trucks for 24
years, accumulating 360,000 miles. He
holds a Class B CDL from Pennsylvania.
His driving record for the last 3 years
shows no crashes and no convictions for
moving violations in a CMV.
Frederick A. Zoeller, Jr.
Mr. Zoeller, 53, has had refractive
amblyopia in his right eye since
childhood. The visual acuity in his right
eye is 20/400, and in his left eye, 20/20.
Following an examination in 2015, his
optometrist stated, ‘‘He is visually
capable of performing the tasks required
to operate a commercial vehicle.’’ Mr.
Zoeller reported that he has driven
straight trucks for 37 years,
accumulating 231,250 miles. He holds a
Class MC operator’s license from New
Hampshire. His driving record for the
last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
III. 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, indicate the specific section of
this document to which each comment
applies, and provide a reason for each
suggestion or recommendation. 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
https://www.regulations.gov and put the
docket number FMCSA–2015–0350 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,
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14193
submit them in an unbound format, no
larger than 81⁄2 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, selfaddressed postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period. FMCSA may issue a
final determination at any time after the
close of the comment period.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble,
go to https://www.regulations.gov and
insert the docket number FMCSA–
2015–0350 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.
Issued on: March 10, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–05903 Filed 3–15–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORATION
Federal Motor Carrier Safety
Administration
[FMCSA–2016–0096]
Hours of Service of Drivers:
Specialized Carriers & Rigging
Association; Application for
Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
FMCSA announces that it has
received an application from the
Specialized Carriers & Rigging
Association (SC&RA) seeking exemption
from two provisions of the Agency’s
hours-of-service (HOS) regulations for
commercial motor vehicle (CMV)
drivers. SC&RA asks that motor carriers
and drivers operating mobile cranes
with a rated lifting capacity of greater
than 30 tons be exempted from the 30minute break requirement and the 14hour rule. SC&RA believes that these
two HOS rules uniquely affect the
operational efficiency of these crane
operations and unnecessarily place the
SUMMARY:
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16MRN1
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14194
Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices
driver and public at risk. FMCSA
requests public comment on SC&RA’s
application for exemption.
DATES: Comments must be received on
or before April 15, 2016.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
2016–0096 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. E.T., Monday
through Friday, except Federal holidays.
• Fax: 1–202–493–2251.
Each submission must include the
Agency name and the docket number for
this notice. 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.
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 FDMS is available
24 hours each day, 365 days each year
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 Mr. Robert Schultz, FMCSA
Driver and Carrier Operations Division;
Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202–366–
2718. Email: MCPSD@dot.gov. 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.
VerDate Sep<11>2014
18:11 Mar 15, 2016
Jkt 238001
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2016–0096), 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–2016–0096’’ 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 81⁄2 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, selfaddressed 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.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 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
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Sfmt 4703
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
On December 27, 2011 (76 FR 81133),
FMCSA published a final rule amending
its hours-of-service (HOS) regulations
for drivers of property-carrying CMVs.
The new rule included a provision
requiring many drivers to take a rest
break during the workday. Generally, if
8 hours have passed since the end of the
driver’s last off-duty or sleeper-berth
period of at least 30 minutes, the driver
may not operate a CMV until he or she
takes at least 30 minutes off duty (49
CFR 395.3(a)(3)(ii)). FMCSA did not
specify when drivers must take the 30minute break. The HOS rules also limit
drivers of property-carrying CMVs to a
14-hour driving window each duty day
(49 CFR 395.3(a)(2)). The window
begins when the driver comes on duty
following at least 10 consecutive hours
off duty. After the 14th consecutive
hour from that point, the driver cannot
operate a CMV until he or she obtains
at least 10 consecutive hours off duty.
The requirements of the HOS rules
apply to drivers of CMVs in interstate
commerce and to their motor carrier
employers who direct the drivers to
operate the CMVs.
On June 18, 2015 (80 FR 34957),
FMCSA granted SC&RA an exemption
from the 30-minute rest-break
requirement for its members when
transporting loads that exceed certain
vehicle weight and size limits and
therefore require a permit issued by a
governmental authority. The Agency
granted this exemption for the
maximum period of two years permitted
by the FMCSRs (§ 381.300(b)).
Subsequently, section 5206(a)(3) of the
‘‘Fixing America’s Surface
Transportation Act’’ (FAST Act) [Pub. L.
114–94, 129 Stat. 1312], effective
October 1, 2015, gave the Agency
authority to grant HOS exemptions for
up to 5 years. Section 5206(b)(2)(A) also
provides that any exemption from 49
CFR part 395 that was in effect on the
date of enactment of the FAST Act is
valid for 5 years from the date of the
original exemption. The 30-minute
exemption granted on June 18, 2015, is
therefore valid until June 18, 2020.
SC&RA advises that the broader
exemption now being requested is
needed because mobile cranes do not
always require oversize/overweight
permits, but the drivers encounter HOS
problems nevertheless.
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Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices
SC&RA advises that there are
approximately 85,000 trained and
certified mobile crane operators in the
United States, and, of these,
approximately 65,000 operate cranes
over 30 tons lifting capacity.
SC&RA seeks an exemption from the
14-hour rule and the requirement for a
30-minute break for drivers operating
mobile cranes with a rated lifting
capacity of greater than 30 tons. It asks
that the exemptions be for a period of
5 years. SC&RA asserts that these two
HOS rules frequently compel drivers of
these cranes to stop driving and park the
crane to avoid violating their terms.
SC&RA states that complications arise at
this point because the availability of
parking for CMVs is very limited.
SC&RA cites data indicating that there
is a shortage of parking places for CMVs
in the United States and notes ongoing
Federal and State efforts to address this
problem. Parking for cranes is even
more limited because of the dimensions
of these vehicles. SC&RA asserts that
compliance with the two HOS rules
often results in cranes being parked on
the shoulder of public roads. SC&RA
states the width of some cranes is such
that they can only be parked partially on
the shoulder and partially on a travel
lane.
SC&RA describes the unpredictable
nature of the typical workday when a
crane is fixed in place for lifting at a
worksite. The applicant lists a number
of variables that can complicate the
scheduling of crane operations,
including delays waiting for the item to
be lifted to arrive at the work site or to
be rigged so that the crane can lift it.
Unexpected inclement weather can also
trigger delays. SC&RA asserts that the
primary result is that the workday may
be unexpectedly extended. Thus, timing
a crane’s movement from the worksite
and onto public roads at the end of the
day is highly problematic. SC&RA
points out that State and local
restrictions limit the hours of the day,
and sometimes the days of the week,
that cranes may move on public roads.
In addition, movement of cranes may
require a pilot car, the display of signs
and lights, and even an escort vehicle
provided by state or local police.
Movement of cranes is normally at
speeds much slower than the posted
speed limit, and is highly susceptible to
weather and traffic conditions. SC&RA
asserts that the two HOS rules from
which it seeks exemption—the 30minute-break and 14-hour rules—
become most burdensome at this point.
However, SC&RA acknowledges that
crane operators cross State lines on less
than 5 percent of their trips.
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Jkt 238001
IV. Method To Ensure an Equivalent or
Greater Level of Safety
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 cranes being parked along
public roads. It points out that its
members generally drive a crane less
than 2 hours a day. SC&RA states that
its crane drivers have a low crash rate,
and it attached copies of its driver
training and safety manuals to the
application for exemption. Copies of
these documents are available for
review in the docket for this notice.
Issued on: March 10, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–05902 Filed 3–15–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Inspection, Repair, and Maintenance;
Periodic Inspection of Commercial
Motor Vehicles; Acceptance of
Mexico’s NOM–068–SCT–2–2014
Inspection Program
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice on periodic inspection
programs.
AGENCY:
The FMCSA announces its
acceptance of the Norma Oficial
Mexicana ((NOM) or Official Mexican
Standard) concerning the periodic
inspection (PI) of commercial motor
vehicles (CMVs). The Agency has
reviewed NOM–068–SCT–2–2014
(NOM 68) and determined that it should
be added to the list of programs which
are comparable to, or as effective as, the
Federal PI requirements contained in
the Federal Motor Carrier Safety
Regulations (FMCSRs). FMCSA’s
acceptance of NOM 68 means that
Mexico-domiciled motor carriers
operating in the United States must
ensure that their CMVs are inspected
´
annually as required by the Secretarıa
de Comunicaciones y Transportes
(SCT). The motor carrier must retain a
copy of the inspection report and a
sticker/decal must be affixed to the
vehicle in order to satisfy the PI
requirements in the United States.
These motor carriers will no longer have
the option of relying on their employees
to conduct inspections of the CMVs the
carrier controls, using commercial
garages for such inspections, or passing
SUMMARY:
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14195
a roadside inspection based on criteria
published by the Commercial Motor
Vehicle Safety Alliance (CVSA) to
comply with the periodic inspection
requirements at 49 CFR part 396.
DATES: This action is effective March 16,
2016. NOM–68 inspection decals issued
on or after October 1, 2015, will be
accepted as proof of a periodic during
roadside inspections and investigations
conducted on or after March 16, 2016.
FOR FURTHER INFORMATION CONTACT: Mr.
Marcelo Perez, North American Borders
Division, MC–ESB, (512) 916–5440,
Federal Motor Carrier Safety
Administration, 903 San Jacinto Blvd.,
Suite 1100, Austin, TX 78701. Office
hours are from 7:45 a.m. to 4:15 p.m.,
CDT, Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
Section 210 of the Motor Carrier
Safety Act of 1984 (49 U.S.C. 31142)
(the Act) requires the Secretary of
Transportation to prescribe standards
for annual or more frequent inspection
of CMVs unless the Secretary finds that
another inspection system is as effective
as an annual or more frequent
inspection. On December 7, 1988, in
response to the Act, the Federal
Highway Administration (FHWA), the
agency within the Department of
Transportation responsible for motor
carrier safety until 1999, published a
final rule amending 49 CFR part 396 of
the FMCSRs (53 FR 49402). The final
rule required CMVs operated in
interstate commerce to be inspected at
least once a year. The inspection was to
be based on Federal inspection
standards, or a State inspection program
determined by the FHWA, FMCSA’s
predecessor agency, to be comparable
to, or as effective as, the Federal
standards. Accordingly, if FHWA
decided that a State’s PI program was
comparable to, or as effective as, the
requirements of part 396, then the motor
carrier had to ensure that all of its CMVs
which are required by that State to be
inspected through the State’s inspection
program were inspected. If a State did
not have such a program, the motor
carrier was responsible for ensuring its
CMVs are inspected using one of the
alternatives included in the final rule.
On March 16, 1989, the FHWA
published a notice in the Federal
Register that requested States and other
interested parties to identify and
provide information on the CMV
inspection programs in their respective
jurisdictions (54 FR 11020). Upon
review of the information submitted, the
FHWA published a list of State
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Agencies
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14193-14195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05902]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORATION
Federal Motor Carrier Safety Administration
[FMCSA-2016-0096]
Hours of Service of Drivers: Specialized Carriers & Rigging
Association; Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces that it has received an application from the
Specialized Carriers & Rigging Association (SC&RA) seeking exemption
from two provisions of the Agency's hours-of-service (HOS) regulations
for commercial motor vehicle (CMV) drivers. SC&RA asks that motor
carriers and drivers operating mobile cranes with a rated lifting
capacity of greater than 30 tons be exempted from the 30-minute break
requirement and the 14-hour rule. SC&RA believes that these two HOS
rules uniquely affect the operational efficiency of these crane
operations and unnecessarily place the
[[Page 14194]]
driver and public at risk. FMCSA requests public comment on SC&RA's
application for exemption.
DATES: Comments must be received on or before April 15, 2016.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2016-0096 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.
E.T., Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
for this notice. 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.
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 FDMS is available 24 hours each
day, 365 days each year
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 Mr. Robert Schultz, FMCSA Driver and Carrier Operations
Division; Office of Carrier, Driver and Vehicle Safety Standards;
Telephone: 202-366-2718. Email: MCPSD@dot.gov. 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-2016-0096), 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-2016-0096'' 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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 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. Request for Exemption
On December 27, 2011 (76 FR 81133), FMCSA published a final rule
amending its hours-of-service (HOS) regulations for drivers of
property-carrying CMVs. The new rule included a provision requiring
many drivers to take a rest break during the workday. Generally, if 8
hours have passed since the end of the driver's last off-duty or
sleeper-berth period of at least 30 minutes, the driver may not operate
a CMV until he or she takes at least 30 minutes off duty (49 CFR
395.3(a)(3)(ii)). FMCSA did not specify when drivers must take the 30-
minute break. The HOS rules also limit drivers of property-carrying
CMVs to a 14-hour driving window each duty day (49 CFR 395.3(a)(2)).
The window begins when the driver comes on duty following at least 10
consecutive hours off duty. After the 14th consecutive hour from that
point, the driver cannot operate a CMV until he or she obtains at least
10 consecutive hours off duty. The requirements of the HOS rules apply
to drivers of CMVs in interstate commerce and to their motor carrier
employers who direct the drivers to operate the CMVs.
On June 18, 2015 (80 FR 34957), FMCSA granted SC&RA an exemption
from the 30-minute rest-break requirement for its members when
transporting loads that exceed certain vehicle weight and size limits
and therefore require a permit issued by a governmental authority. The
Agency granted this exemption for the maximum period of two years
permitted by the FMCSRs (Sec. 381.300(b)). Subsequently, section
5206(a)(3) of the ``Fixing America's Surface Transportation Act'' (FAST
Act) [Pub. L. 114-94, 129 Stat. 1312], effective October 1, 2015, gave
the Agency authority to grant HOS exemptions for up to 5 years. Section
5206(b)(2)(A) also provides that any exemption from 49 CFR part 395
that was in effect on the date of enactment of the FAST Act is valid
for 5 years from the date of the original exemption. The 30-minute
exemption granted on June 18, 2015, is therefore valid until June 18,
2020. SC&RA advises that the broader exemption now being requested is
needed because mobile cranes do not always require oversize/overweight
permits, but the drivers encounter HOS problems nevertheless.
[[Page 14195]]
SC&RA advises that there are approximately 85,000 trained and
certified mobile crane operators in the United States, and, of these,
approximately 65,000 operate cranes over 30 tons lifting capacity.
SC&RA seeks an exemption from the 14-hour rule and the requirement
for a 30-minute break for drivers operating mobile cranes with a rated
lifting capacity of greater than 30 tons. It asks that the exemptions
be for a period of 5 years. SC&RA asserts that these two HOS rules
frequently compel drivers of these cranes to stop driving and park the
crane to avoid violating their terms. SC&RA states that complications
arise at this point because the availability of parking for CMVs is
very limited. SC&RA cites data indicating that there is a shortage of
parking places for CMVs in the United States and notes ongoing Federal
and State efforts to address this problem. Parking for cranes is even
more limited because of the dimensions of these vehicles. SC&RA asserts
that compliance with the two HOS rules often results in cranes being
parked on the shoulder of public roads. SC&RA states the width of some
cranes is such that they can only be parked partially on the shoulder
and partially on a travel lane.
SC&RA describes the unpredictable nature of the typical workday
when a crane is fixed in place for lifting at a worksite. The applicant
lists a number of variables that can complicate the scheduling of crane
operations, including delays waiting for the item to be lifted to
arrive at the work site or to be rigged so that the crane can lift it.
Unexpected inclement weather can also trigger delays. SC&RA asserts
that the primary result is that the workday may be unexpectedly
extended. Thus, timing a crane's movement from the worksite and onto
public roads at the end of the day is highly problematic. SC&RA points
out that State and local restrictions limit the hours of the day, and
sometimes the days of the week, that cranes may move on public roads.
In addition, movement of cranes may require a pilot car, the display of
signs and lights, and even an escort vehicle provided by state or local
police. Movement of cranes is normally at speeds much slower than the
posted speed limit, and is highly susceptible to weather and traffic
conditions. SC&RA asserts that the two HOS rules from which it seeks
exemption--the 30-minute-break and 14-hour rules--become most
burdensome at this point. However, SC&RA acknowledges that crane
operators cross State lines on less than 5 percent of their trips.
IV. Method To Ensure an Equivalent or Greater Level of Safety
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
cranes being parked along public roads. It points out that its members
generally drive a crane less than 2 hours a day. SC&RA states that its
crane drivers have a low crash rate, and it attached copies of its
driver training and safety manuals to the application for exemption.
Copies of these documents are available for review in the docket for
this notice.
Issued on: March 10, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-05902 Filed 3-15-16; 8:45 am]
BILLING CODE 4910-EX-P