Hours of Service of Drivers: Specialized Carriers & Rigging Association (SC&RA); Application for Exemption; Final Disposition, 75727-75729 [2016-26333]
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Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations
vibration cadence and audio attention
signal.
14. Effective December 1, 2016,
§ 10.520 is amended by revising
paragraph (d) to read as follows:
■
§ 10.520
Federal Motor Carrier Safety
Administration
49 CFR Part 395
Common audio attention signal.
*
*
*
*
*
(d) No person may transmit or cause
to transmit the WEA common audio
attention signal, or a recording or
simulation thereof, in any circumstance
other than in an actual National, State
or Local Area emergency or authorized
test, except as designed and used for
Public Service Announcements (PSAs)
by federal, state, local, tribal and
territorial entities, and nongovernmental organizations in
coordination with those entities, to raise
public awareness about emergency
alerting, provided that the entity
presents the PSA in a non-misleading
manner, including by explicitly stating
that the emergency alerting attention
signal is being used in the context of a
PSA for the purpose of educating the
viewing or listening public about
emergency alerting.
*
*
*
*
*
PART 11—EMERGENCY ALERT
SYSTEM
15. The authority citation for part 11
continues to read as follows:
■
Authority: 47 U.S.C. 151, 154 (i) and (o),
303(r), 544(g) and 606.
16. Effective December 1, 2016,
§ 11.45 is revised to read as follows:
■
§ 11.45 Prohibition of false or deceptive
EAS transmissions.
No person may transmit or cause to
transmit the EAS codes or Attention
Signal, or a recording or simulation
thereof, in any circumstance other than
in an actual National, State or Local
Area emergency or authorized test of the
EAS, or as specified in § 10.520(d) of
this chapter.
[FR Doc. 2016–26120 Filed 10–31–16; 8:45 am]
DEPARTMENT OF TRANSPORTATION
[Docket No. FMCSA–2016–0096]
Hours of Service of Drivers:
Specialized Carriers & Rigging
Association (SC&RA); Application for
Exemption; Final Disposition
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition;
partial grant and partial denial of
application for exemption.
AGENCY:
FMCSA announces its
decision to grant the Specialized
Carriers & Rigging Association (SC&RA)
an exemption from the 30-minute rest
break rule of the Agency’s hours-ofservice (HOS) regulations for certain
commercial motor vehicle (CMV)
drivers. The Agency denies SC&RA’s
further request for exemption from the
14-hour driving window of the HOS
rules. All qualifying motor carriers and
drivers operating mobile cranes with a
rated lifting capacity of greater than 30
tons are exempt from the 30-minute
break provision. FMCSA has analyzed
the exemption application and 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
November 1, 2016 and expires on
November 1, 2018.
FOR FURTHER INFORMATION CONTACT: For
information concerning this notice,
contact Mr. Thomas Yager, Chief,
FMCSA Driver and Carrier Operations
Division; Office of Carrier, Driver and
Vehicle Safety Standards; Telephone:
614–942–6477. 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:
SUMMARY:
BILLING CODE 6712–01–P
jstallworth on DSK7TPTVN1PROD with RULES
Background
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
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75727
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)).
Request for Exemption
On December 27, 2011 (76 FR 81133),
FMCSA published a final rule amending
its HOS regulations for drivers of
property-carrying CMVs. The rule
requires most 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 and to their
motor carrier employers who direct the
drivers to operate the CMVs.
On June 18, 2015, FMCSA granted
SC&RA an exemption from the 30minute rest-break requirement for
qualifying drivers operating certain
large and heavy vehicles that require an
oversize/overweight (OS/OW) permit
issued by State or local government (80
FR 34957). The Agency granted this
exemption for the maximum period of 2
years permitted by the FMCSRs at that
time. On December 4, 2015, the
President signed the ‘‘Fixing America’s
Surface Transportation Act’’ (FAST
Act)(Pub. L. 114–94). Section 5206(a)(3)
of the FAST Act amended 49 U.S.C.
31315(b) to give FMCSA the authority to
grant exemptions for up to 5 years. In
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01NOR1
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Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations
addition section 5206(b)(2)(A) extended
any HOS exemption in effect on the date
of enactment for a period of 5 years from
the date it was issued. While that
provision automatically extended
SC&RA’s June 2015 exemption for
drivers of vehicles requiring an
oversize/overweight permit, FMCSA is
using its authority under 49 U.S.C.
31315(b)(2)(1) to issue the exemption
from the 30-minute break requirement
for mobile crane operators for 2 years
from the date of this notice.
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
with a lifting capacity over 30 tons.
While some of these cranes require a
permit due to their size or weight,
others do not. 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. SC&RA states that the HOS rules
create complications because it is
difficult to find suitable parking when
crane drivers are required to go off duty.
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 their size.
SC&RA asserts that these two HOS rules
often require crane drivers to stop
operating a CMV to avoid violating their
provisions. The result is that cranes are
often parked on the shoulder of public
roads. SC&RA states the width of some
cranes means they cannot be parked
entirely off the travel lanes, creating a
safety hazard for their own drivers and
others.
SC&RA describes the unpredictable
nature of the typical workday of a crane
operator. It lists a variety of variables
that can complicate the scheduling of
operations, including delays waiting for
the item to be lifted to arrive at the work
site or to be rigged for lifting.
Unexpected inclement weather can also
trigger delays. SC&RA asserts that the
primary result is that the workday may
be extended unexpectedly. Thus, timing
a crane’s movement from the worksite
and onto public roads at the end of the
day is highly problematic. It notes 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, the
movement of cranes may require a pilot
car, the display of signs and lights, and
even a police escort. Cranes normally
move much slower than the posted
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15:21 Oct 31, 2016
Jkt 241001
speed limit, and are highly susceptible
to weather and traffic conditions.
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 and have low crash
rates.
Public Comments
FMCSA published the SC&RA
exemption application for comment on
March 16, 2016 (81 FR 14052). The
Agency received 13 comments, most
supporting the exemption. These
commenters asserted that crane
operators actually drive very little on
public roads, and thus are less likely to
suffer from driving fatigue than longhaul CMV drivers. Commenters also
described the typical duty day of crane
operators at the work site, and pointed
out that there are substantial periods
when they have to wait for others to
complete preparations for the lift. These
commenters also described the
relatively short distances cranes are
driven on public roads at the beginning
and end of the day. NationsBuilders
Insurance Services, Inc. commented that
the drive unit of a crane generally logs
only 60,000 miles in 9 years.
Commenters opposing the exemption
suggest that motor carriers could avoid
or ameliorate their scheduling
difficulties by employing a second crane
driver. Advocates for Highway and Auto
Safety (Advocates) found the
application for exemption fatally
deficient because it ‘‘fails to include any
analysis of the safety impacts of the
requested exemption.’’ Advocates also
stated that SC&RA ignored the
requirement that it ‘‘carefully review the
regulation to determine whether there
are any practical alternatives already
available’’ that would allow it to
conduct its operations and comply with
the HOS rules. Advocates also believes
that SC&RA carriers could overcome the
numerous variables affecting these
operations by stronger management of
their CMV fleets.
FMCSA Decision
FMCSA has evaluated SC&RA’s
application and the public comments
and has decided to grant an exemption
from the 30-minute rule but to deny an
exemption from the 14-hour rule. The
Agency believes that the exempt crane
drivers will likely achieve a level of
safety that is equivalent to or greater
than, the level of safety achieved
without the exemption [49 CFR
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Frm 00058
Fmt 4700
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381.305(a)]. The schedules of these
CMV drivers are characterized by
daytime hours, low-stress periods of
waiting during the workday, and very
limited hours of actual driving on
public roads. In addition, these loads
are sometimes escorted by other
vehicles and operate at low speeds.
The unpredictable workday of a
mobile-crane operator, with its frequent
interruptions and down time, reduces
the risk of cumulative fatigue and thus
the urgency of a 30-minute break.
Providing an exemption from the break
will also reduce the number of
situations where a crane operator has to
park at roadside midway through a
move between job sites in order to
comply with the 30-minute break rule.
The Agency is concerned with parking
shortages, especially for very large
vehicles. It is highly undesirable to have
cranes parked on the shoulders of
highways, much less extending into the
travel lanes. No matter how well
marked, trucks parked at roadside,
especially at night, are too easily
mistaken for moving vehicles and struck
at full speed, with serious
consequences.
However, the Agency is not granting
exemption from the 14-hour rule. The
absence of this limit would allow
drivers to operate without any
restriction on the length of their duty
day. The risk that safety would
deteriorate in the absence of this
requirement is high. While we agree that
the 30-minute break rule is
unnecessarily restrictive for operators of
large mobile cranes, the 14-hour
window is far less restrictive. It is a
critical factor in containing fatigue that
might otherwise develop. The 14-hour
rule is a limit that should be built into
the planning of mobile crane operations.
For these reasons, the Agency grants
an exemption from the 30-minute restbreak requirement, subject to the terms
and conditions in this Federal Register
notice, but denies an exemption from
the 14-hour rule.
Terms of the Exemption
1. All motor carriers and drivers
operating mobile cranes with a rated
lifting capacity of greater than 30 tons
are exempt from the 30-minute break
requirement of 49 CFR 395.3(a)(3)(ii).
The lifting capacity of the crane must be
displayed on a manufacturer’s
certification plate on the crane or in
manufacturer’s documentation carried
on the vehicle.
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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Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations
must be presented to law enforcement
officials upon request.
3. 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.
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.,
November 1, 2016 through 11:59 p.m.,
November 1, 2018.
Extent of the Exemption
This exemption is limited to the
provisions of 49 CFR 395.3(a)(3)(ii).
These motor carriers and drivers must
comply with all other applicable
provisions of the FMCSRs.
Preemption
In accordance with 49 U.S.C.
31313(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 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.
jstallworth on DSK7TPTVN1PROD with RULES
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
cranes’’
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.
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Reports filed under this provision
shall be emailed to MCPSD@DOT.GOV.
Termination
FMCSA believes motor carriers
conducting crane operations under this
exemption will continue to maintain
their safety record while operating
under this exemption. However, should
safety be compromised, 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: October 20, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016–26333 Filed 10–31–16; 8:45 am]
BILLING CODE 4910–EX–P
NATIONAL TRANSPORTATION
SAFETY BOARD
49 CFR Parts 800, 803, and 804
[Docket No.: NTSB–GC–2017–001]
RIN 3147–AA03, 3147–AA08, 3147–AA09
Administrative Rules; Official Seal;
Rules Implementing the Government in
the Sunshine Act
National Transportation Safety
Board (NTSB).
ACTION: Final rule.
AGENCY:
The NTSB makes technical
updates and corrects citations in its
administrative regulations governing
agency organization and functions,
delegations of authority to staff
members, and procedures for adopting
rules, regulations governing the agency’s
official seal, and regulations
implementing the Government in the
Sunshine Act. These revisions make no
substantive changes.
DATES: This rule is effective November
1, 2016.
ADDRESSES: A copy of this Final Rule,
published in the Federal Register (FR),
is available for inspection and copying
in the NTSB’s public reading room,
located at 490 L’Enfant Plaza SW.,
Washington, DC 20594–2003.
Alternatively, a copy is available on the
government-wide Web site on
regulations at https://
www.regulations.gov (Docket ID Number
NTSB–GC–2017–001).
FOR FURTHER INFORMATION CONTACT:
Matthew D. McKenzie, AttorneyAdvisor, (202) 314–6080, rulemaking@
ntsb.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
PO 00000
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75729
I. Legal Basis for the Final Rule
The Administrative Procedure Act
(APA), 5 U.S.C. 553, provides
exceptions to its notice and public
comment rulemaking procedures where
(1) the rules are rules of agency
organization, procedure, or practice; or
(2) the agency finds there is good cause
to forego notice and comment, and
incorporates the finding and a brief
statement of reasons therefore in the
rule issued. Generally, good cause exists
where the agency determines that notice
and public comment procedures are
impractical, unnecessary, or contrary to
the public interest. 5 U.S.C. 553(b).
Parts 800, 803, and 804 govern
internal agency organization, procedure,
or practice. Part 800, subparts A and B,
describes the organization of the agency.
Part 800, subpart C, prescribes
procedures for the agency’s
rulemakings. Part 803 describes the
agency’s seal and limits its use. Part 804
prescribes procedures for the agency’s
open meetings.
The amendments made in this final
rule merely correct inadvertent errors
and omissions, remove obsolete
references, and make minor editorial
changes to improve clarity and
consistency. The technical amendments
do not impose any new requirements,
nor do they make any substantive
changes to the Code of Federal
Regulations. For these reasons, the
NTSB finds good cause that notice and
public comment on this final rule are
unnecessary. For these same reasons,
this rule will be effective on the date of
publication in the Federal Register.
II. Background
On June 25, 2012, the NTSB
announced its plan to review its
regulations, 49 CFR parts 800 through
850, to comply with Executive Order
(E.O.) 13563, Improving Regulation and
Regulatory Review, 76 FR 3821 (Jan. 21,
2011); E.O. 13579, Regulation and
Independent Regulatory Agencies, 76 FR
41587 (July 11, 2011); and E.O. 13610,
Identifying and Reducing Regulatory
Burdens, 77 FR 28469 (May 14, 2012).
NTSB Plan for Retrospective Analysis of
Existing Rules, 77 FR 37865. Though the
Executive Orders require retrospective
review of only ‘‘significant regulations,’’
NTSB stated it would review all of its
regulations to implement the principles
in the Orders. Id. at 37867.
On January 8, 2013, after reviewing its
regulations, the NTSB announced its
plan to update its regulations, including
revising internal agency procedures for
which no public comment was required.
Retrospective Analysis of Existing Rules;
Notification, 78 FR 1193, 1194.
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]]>Agencies
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Rules and Regulations]
[Pages 75727-75729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26333]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 395
[Docket No. FMCSA-2016-0096]
Hours of Service of Drivers: Specialized Carriers & Rigging
Association (SC&RA); Application for Exemption; Final Disposition
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; partial grant and partial denial
of application for exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant the Specialized Carriers
& Rigging Association (SC&RA) an exemption from the 30-minute rest
break rule of the Agency's hours-of-service (HOS) regulations for
certain commercial motor vehicle (CMV) drivers. The Agency denies
SC&RA's further request for exemption from the 14-hour driving window
of the HOS rules. All qualifying motor carriers and drivers operating
mobile cranes with a rated lifting capacity of greater than 30 tons are
exempt from the 30-minute break provision. FMCSA has analyzed the
exemption application and 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 November 1, 2016 and expires on
November 1, 2018.
FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Thomas Yager, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone: 614-942-6477. 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:
Background
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)).
Request for Exemption
On December 27, 2011 (76 FR 81133), FMCSA published a final rule
amending its HOS regulations for drivers of property-carrying CMVs. The
rule requires most 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 and to their motor carrier employers
who direct the drivers to operate the CMVs.
On June 18, 2015, FMCSA granted SC&RA an exemption from the 30-
minute rest-break requirement for qualifying drivers operating certain
large and heavy vehicles that require an oversize/overweight (OS/OW)
permit issued by State or local government (80 FR 34957). The Agency
granted this exemption for the maximum period of 2 years permitted by
the FMCSRs at that time. On December 4, 2015, the President signed the
``Fixing America's Surface Transportation Act'' (FAST Act)(Pub. L. 114-
94). Section 5206(a)(3) of the FAST Act amended 49 U.S.C. 31315(b) to
give FMCSA the authority to grant exemptions for up to 5 years. In
[[Page 75728]]
addition section 5206(b)(2)(A) extended any HOS exemption in effect on
the date of enactment for a period of 5 years from the date it was
issued. While that provision automatically extended SC&RA's June 2015
exemption for drivers of vehicles requiring an oversize/overweight
permit, FMCSA is using its authority under 49 U.S.C. 31315(b)(2)(1) to
issue the exemption from the 30-minute break requirement for mobile
crane operators for 2 years from the date of this notice.
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 with a lifting capacity over 30
tons. While some of these cranes require a permit due to their size or
weight, others do not. 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. SC&RA
states that the HOS rules create complications because it is difficult
to find suitable parking when crane drivers are required to go off
duty. 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 their size. SC&RA asserts that these two HOS rules
often require crane drivers to stop operating a CMV to avoid violating
their provisions. The result is that cranes are often parked on the
shoulder of public roads. SC&RA states the width of some cranes means
they cannot be parked entirely off the travel lanes, creating a safety
hazard for their own drivers and others.
SC&RA describes the unpredictable nature of the typical workday of
a crane operator. It lists a variety of variables that can complicate
the scheduling of operations, including delays waiting for the item to
be lifted to arrive at the work site or to be rigged for lifting.
Unexpected inclement weather can also trigger delays. SC&RA asserts
that the primary result is that the workday may be extended
unexpectedly. Thus, timing a crane's movement from the worksite and
onto public roads at the end of the day is highly problematic. It notes
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, the movement of cranes may require a pilot car, the
display of signs and lights, and even a police escort. Cranes normally
move much slower than the posted speed limit, and are highly
susceptible to weather and traffic conditions.
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 and have low crash
rates.
Public Comments
FMCSA published the SC&RA exemption application for comment on
March 16, 2016 (81 FR 14052). The Agency received 13 comments, most
supporting the exemption. These commenters asserted that crane
operators actually drive very little on public roads, and thus are less
likely to suffer from driving fatigue than long-haul CMV drivers.
Commenters also described the typical duty day of crane operators at
the work site, and pointed out that there are substantial periods when
they have to wait for others to complete preparations for the lift.
These commenters also described the relatively short distances cranes
are driven on public roads at the beginning and end of the day.
NationsBuilders Insurance Services, Inc. commented that the drive unit
of a crane generally logs only 60,000 miles in 9 years.
Commenters opposing the exemption suggest that motor carriers could
avoid or ameliorate their scheduling difficulties by employing a second
crane driver. Advocates for Highway and Auto Safety (Advocates) found
the application for exemption fatally deficient because it ``fails to
include any analysis of the safety impacts of the requested
exemption.'' Advocates also stated that SC&RA ignored the requirement
that it ``carefully review the regulation to determine whether there
are any practical alternatives already available'' that would allow it
to conduct its operations and comply with the HOS rules. Advocates also
believes that SC&RA carriers could overcome the numerous variables
affecting these operations by stronger management of their CMV fleets.
FMCSA Decision
FMCSA has evaluated SC&RA's application and the public comments and
has decided to grant an exemption from the 30-minute rule but to deny
an exemption from the 14-hour rule. The Agency believes that the exempt
crane drivers will likely achieve a level of safety that is equivalent
to or greater than, the level of safety achieved without the exemption
[49 CFR 381.305(a)]. The schedules of these CMV drivers are
characterized by daytime hours, low-stress periods of waiting during
the workday, and very limited hours of actual driving on public roads.
In addition, these loads are sometimes escorted by other vehicles and
operate at low speeds.
The unpredictable workday of a mobile-crane operator, with its
frequent interruptions and down time, reduces the risk of cumulative
fatigue and thus the urgency of a 30-minute break. Providing an
exemption from the break will also reduce the number of situations
where a crane operator has to park at roadside midway through a move
between job sites in order to comply with the 30-minute break rule. The
Agency is concerned with parking shortages, especially for very large
vehicles. It is highly undesirable to have cranes parked on the
shoulders of highways, much less extending into the travel lanes. No
matter how well marked, trucks parked at roadside, especially at night,
are too easily mistaken for moving vehicles and struck at full speed,
with serious consequences.
However, the Agency is not granting exemption from the 14-hour
rule. The absence of this limit would allow drivers to operate without
any restriction on the length of their duty day. The risk that safety
would deteriorate in the absence of this requirement is high. While we
agree that the 30-minute break rule is unnecessarily restrictive for
operators of large mobile cranes, the 14-hour window is far less
restrictive. It is a critical factor in containing fatigue that might
otherwise develop. The 14-hour rule is a limit that should be built
into the planning of mobile crane operations.
For these reasons, the Agency grants an exemption from the 30-
minute rest-break requirement, subject to the terms and conditions in
this Federal Register notice, but denies an exemption from the 14-hour
rule.
Terms of the Exemption
1. All motor carriers and drivers operating mobile cranes with a
rated lifting capacity of greater than 30 tons are exempt from the 30-
minute break requirement of 49 CFR 395.3(a)(3)(ii). The lifting
capacity of the crane must be displayed on a manufacturer's
certification plate on the crane or in manufacturer's documentation
carried on the vehicle.
2. Drivers must have a copy of this exemption document in their
possession while operating under the terms of the exemption. The
exemption document
[[Page 75729]]
must be presented to law enforcement officials upon request.
3. 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.
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., November 1, 2016 through 11:59
p.m., November 1, 2018.
Extent of the Exemption
This exemption is limited to the provisions of 49 CFR
395.3(a)(3)(ii). These motor carriers and drivers must comply with all
other applicable provisions of the FMCSRs.
Preemption
In accordance with 49 U.S.C. 31313(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 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.
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 cranes''
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
MCPSD@DOT.GOV.
Termination
FMCSA believes motor carriers conducting crane operations under
this exemption will continue to maintain their safety record while
operating under this exemption. However, should safety be compromised,
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: October 20, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-26333 Filed 10-31-16; 8:45 am]
BILLING CODE 4910-EX-P
