Hours of Service of Drivers: American Concrete Pumping Association (ACPA); Application for Exemption, 14595-14597 [2017-05522]

Download as PDF Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Notices impaired is available through FIRS at (800) 877–8339. This action is categorically excluded from environmental review under 49 CFR 1105.6(c). Decided: March 16, 2017. By the Board, Board Members Begeman, Elliott, and Miller. Raina S. Contee, Clearance Clerk. [FR Doc. 2017–05553 Filed 3–20–17; 8:45 am] BILLING CODE 4915–01–P SURFACE TRANSPORTATION BOARD Release of Waybill Data The Surface Transportation Board has received a request from a professor at Carnegie Mellon University. (WB17– 14—2/23/17) for permission to use certain unmasked data from the Board’s 1984–2015 Carload Waybill Samples. A copy of this request may be obtained from the Office of Economics. The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board’s Office of Economics within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9. Contact: Alexander Dusenberry, (202) 245–0319. Brendetta S. Jones, Clearance Clerk. [FR Doc. 2017–05513 Filed 3–20–17; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2016–0342] Hours of Service of Drivers: American Concrete Pumping Association (ACPA); 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 American Concrete Pumping Association (ACPA) and others an exemption from the 30-minute rest break requirement in the Agency’s hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. The exemption enables all concrete pump operators, concrete pumping companies, and drivers who mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:47 Mar 20, 2017 Jkt 241001 operate concrete pumps in interstate commerce to count on-duty time while attending equipment but performing no other work-related activity, toward the 30-minute rest break provision of the HOS regulations. 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 on March 21, 2017 and expires on March 21, 2019. FOR FURTHER INFORMATION 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. 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 the safety analyses and public comments, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved 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 specific 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, and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Request for Exemption The American Concrete Pumping Association (ACPA) represents more than 600 member companies who employ over 7,000 workers nationwide. The exemption would be applied to all interstate concrete pumper trucks and their operators, regardless of the motor carrier or membership in ACPA. PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 14595 Although many of the trucks operate intrastate and would therefore not be covered by an FMCSA exemption, an unknown number of the pumping trucks are operated in metropolitan areas and do routinely cross State lines.1 ACPA requests an exemption from the 30-minute rest break provision in 49 CFR 395.3(a)(3)(ii). The exemption would apply industry-wide to all concrete pump operators, concrete pumping companies and drivers who deliver, set-up, and operate concrete pumps in interstate commerce across the United States. ACPA requests the exemption because it states that the mandatory 30-minute rest break increases the risk of dangerous conditions on job sites. A mandatory break during which the concrete pump operator is considered to be ‘‘off duty’’ would require the pump to be shut down and likely cleaned out. Stopping the flow of concrete through the pump creates the risk of introducing air in the pump’s pipe system which in turn could cause hose-whipping that can injure not only the pump operator, but any personnel within reach of the hose. Concrete pump operators also already take rest breaks throughout the typical day that reflect the work flow at the job site, so an additional 30-minute rest break does not enhance job safety. ACPA added that concrete is a perishable product. The perishable nature of concrete also creates difficult schedule coordination issues due to concrete being needed on a just-in-time basis. Concrete pump operators cannot plan the timing of the 30-minute break, as they cannot interrupt their work activity without the threat of failure— failure to accept and deliver concrete within its perishable limits and failure to comply with their contracts. Once the ingredients of ready-mixed concrete have been combined, there is a brief window during which the product can be pumped (roughly 90 minutes before the concrete hardens). Should the concrete pump operator be required to take the 30-minute rest break, it would cause a ripple effect on the ready-mixed concrete trucks in line to supply the pump. Such a delay could cost thousands of dollars to rectify and could potentially violate a delivery contract, according to ACPA. Once the concrete pump starts to receive a delivery, it must be completed without disruption 1 FMCSA does not have jurisdiction over intrastate transportation; however, most States have commercial motor vehicle statutes and regulations that are compatible with Federal regulations. An FMCSA exemption only applies to interstate transportation, although some States honor them for intrastate traffic. E:\FR\FM\21MRN1.SGM 21MRN1 14596 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Notices mstockstill on DSK3G9T082PROD with NOTICES to conduct a safe and structurally sound pour. Further details regarding this industry’s safety controls can be found in the application for exemption, which can be accessed in the docket identified at the beginning of this notice. ACPA asserted that granting this exemption would achieve the same level of safety provided by the rule requiring the 30minute rest break. The Association stated that the concrete pumping industry has a ‘‘solid’’ safety record, and that concrete pump operators already receive numerous other breaks throughout the workday. ACPA’s Operation Certification Program ensures, encourages, and educates the industry on safe pumping and placement procedures, and these safety practices allow concrete operators to maintain their safety record through careful training and well-developed safety guidelines. The proposed exemption would be effective for 2 years. Public Comments On October 25, 2016, FMCSA published notice of this application, and requested public comment (81 FR 73465); four responses were submitted. Comments in favor of the proposed exemption were submitted by the Western States Trucking Association (WSTA) (formerly known as the California Construction Trucking Association (CCTA)); and the National Ready Mixed Concrete Association (NRMCA). Comments in opposition to the proposed exemption were submitted by the International Brotherhood of Teamsters (IBT). One individual commenter took no formal position on the exemption request. WSTA stated that it ‘‘is supportive of FMCSA granting the exemption requested by the ACPA from the 30minute rest break provision in 49 CFR 395.3(a) (3) (ii). Concrete is a perishable commodity and as such once the pumpoperator begins pumping concrete, needing to comply with the 30-minute break requirement can have significant negative ramifications for both the product and machinery.’’ WSTA added that the ready-mixed concrete drivers delivering product to a work site that is dependent on the pump operator performing their job function are already exempted from the 30-minute break requirements. WSTA referenced their prior support of the ready-mixed concrete request several years earlier, and further noted that in those same comments they had requested FMCSA to expand the 30-minute break exemption to operators of concrete pumpers. VerDate Sep<11>2014 16:47 Mar 20, 2017 Jkt 241001 NRMCA also supported the ACPA exemption request. As the representative of one of the primary material suppliers discharging into concrete pumps, NRMCA asserted that all the claims made and scenarios outlined by ACPA are legitimate and thus valid reasons for granting the requested exemption. NRMCA confirmed APCA’s concerns about ready mixed concrete being a perishable product and thus requiring a 30-minute break to be taken at a likely improbable time risks worker safety, equipment malfunctions and the delicate coordination required between ready mixed concrete deliveries and the concrete pump operators. Due to the nature of concrete pump operators’ schedules and inherent work practices, NRMCA agreed that requiring a 30minute break for concrete pump operators would not provide an increased level of safety on our nation’s roadways, but in turn would likely create a potentially unsafe work environment. The International Brotherhood of Teamsters (IBT) opposed the proposed exemption. IBT strongly objected to allowing this class of drivers to use 30 minutes of on-duty ‘‘waiting time’’ to satisfy the requirement for the rest break. IBT cites APCA’s argument that the 30-minute rest break would require the concrete pump to be shut down and cleaned out. Stopping the concrete flow, according to ACPA, creates the risk of introducing air into the pipe system and the attendant risk of hose whipping. ACPA stated, according to the IBT, that a hose whipping violently could injure the pump operator and any other workers within reach of the discharge hose. However, IBT contends that ACPA failed to provide any data supporting the contention that this is a frequent occurrence that has caused accidents and even deaths. IBT states that the rest break provision has been in effect since 2011, more than sufficient time to collect data to support ACPA’s claims of a safer workplace if the exemption was granted. FMCSA Decision FMCSA has evaluated APCA’s application and the public comments and decided to grant the exemption. The Agency believes that the exempted concrete pump 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)]. It is important to note that the Agency is not granting a complete exemption from the 30-minute rest break provision required by 49 CFR 395.3(a)(iii)(2). Instead, PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 FMCSA is granting an exemption for concrete pump operators and drivers who remain with the CMV (i.e., wait) while not performing any other workrelated activities to count that time toward the 30-minute break. The only subject of the exemption is the duty status of the driver while ‘‘waiting’’ with the vehicle during a required rest break. Like drivers of trucks carrying certain kinds of explosives (§ 395.1(q)) drivers of concrete pump trucks will be allowed to use the 30-minute on-duty periods in attendance of the vehicles, while performing no other work, to meet the requirement for a rest break. A similar exemption from the 30-minute rest break was granted to the National Ready Mixed Concrete Association (NRMCA) on April 2, 2015 [80 FR 17819]. The Agency grants the exemption request subject to the terms and conditions in this notice. Terms and Conditions of the Exemption (1) Drivers who deliver, set-up, and operate concrete pumps in interstate commerce across the United States, and all concrete pump operators and concrete pumping companies and drivers, are exempt from the requirement for a 30-minute rest break in Section 395.3(a)(3)(ii), in that they may count ‘‘waiting’’ periods when they are performing no work activity as the required 30-minute break. (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. Period of the Exemption This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is granted for the period from March 21, 2017 through March 21, 2019. Extent of the Exemption This exemption is limited to the provisions of 49 CFR 395.3(a)(3)(ii). These drivers must comply will 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 E:\FR\FM\21MRN1.SGM 21MRN1 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Notices 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 CMVs operating under the terms of this exemption. The notification must include the following information: (a) Identity of the exemption: ‘‘ACPA’’ (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 period prior to the accident. Reports filed under this provision shall be emailed to MCPSD@DOT.GOV. Termination mstockstill on DSK3G9T082PROD with NOTICES FMCSA does not believe the drivers covered by this exemption will experience any deterioration of their safety record. However, should this occur, FMCSA will take all steps necessary to protect the public interest, including revocation of the exemption. The FMCSA will immediately revoke or restrict the exemption for failure to comply with its terms and conditions. Issued on: March 10, 2017. Daphne Y. Jefferson, Deputy Administrator. [FR Doc. 2017–05522 Filed 3–20–17; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 16:47 Mar 20, 2017 Jkt 241001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2016–0275] Agency Information Collection Activities; Approval of a New Information Collection Request: Commercial Driver’s License (CDL) Skills Testing Delays Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. This ICR is to collect data on the delays, by State, that applicants face when scheduling a CDL skills test. This information collection and subsequent data analysis is required by section 5506 of the Fixing America’s Surface Transportation Act, 2015 (FAST Act). DATES: Please send your comments by April 20, 2017. OMB must receive your comments by this date in order to act quickly on the ICR. ADDRESSES: All comments should reference Federal Docket Management System (FDMS) Docket Number FMCSA–2016–0275. Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Department of Transportation/Federal Motor Carrier Safety Administration, and sent via electronic mail to oira_submission@ omb.eop.gov, or faxed to (202) 395– 6974, or mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Nicole Michel, Office of Analysis, Research, and Technology/Research Division, Department of Transportation, Federal Motor Carrier Safety Administration, 6th Floor, West Building, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Telephone: 202–366–4354; Email Address: nicole.michel@dot.gov. Office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. SUMMARY: PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 14597 SUPPLEMENTARY INFORMATION: Title: Survey on CDL Skills Test Delays. OMB Control Number: 2126–00XX. Type of Request: New information collection. Respondents: Annual survey: State CDL Coordinators; Optional quarterly report of delay time at each test site: State CDL Coordinators and State CDL test location staff. Estimated Number of Respondents: Annual survey: 51 State CDL Coordinators, one from each of the 50 States, and one from Washington, DC. Optional quarterly report of delay time at each test site: 1,230 (51 State CDL Coordinators and 1,179 State CDL testing location representatives). Estimated Time per Response: Annual survey: 2.3 hours (120 minutes to gather data + 17.5 minutes to respond to survey). Optional quarterly report of delay time at each test site: 30 minutes for State CDL Coordinator to gather information and 1 minute for State CDL test location representative to report current delay time at test site. Expiration Date: N/A. This is a new information collection. Frequency of Response: Annually; In addition, respondents have the option to report delay time at test sites on a quarterly basis. Estimated Total Annual Burden: Annual survey: 116.9 hours (2.3 hours × 51 respondents = 116.9 hours). Optional quarterly report of delay time at each test site: 180.6 hours [4 quarters × (30 minutes × 51 State CDL Coordinators + 1 minute × 1179 State CDL test location representatives) = 180.6 hours] . Background Section 5506 of the FAST Act (Pub. L. 114–94, Dec. 4, 2015, 49 U.S.C. 31305 note) requires FMCSA to produce a study on CDL skills test delays on an annual basis. The requirements of the study are to submit a report describing: ‘‘(A) the average wait time from the date an applicant requests to take a skills test to the date the applicant has the opportunity to complete such test; (B) the average wait time from the date an applicant, upon failure of a skills test, requests a retest to the date the applicant has the opportunity to complete such retest; (C) the actual number of qualified commercial driver’s license examiners available to test applicants; and (D) the number of testing sites available through the State department of motor vehicles and whether this number has increased or decreased from the previous year.’’ The report is also required to describe ‘‘specific steps the Administrator is E:\FR\FM\21MRN1.SGM 21MRN1

Agencies

[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Notices]
[Pages 14595-14597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05522]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0342]


Hours of Service of Drivers: American Concrete Pumping 
Association (ACPA); 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 American Concrete 
Pumping Association (ACPA) and others an exemption from the 30-minute 
rest break requirement in the Agency's hours-of-service (HOS) 
regulations for commercial motor vehicle (CMV) drivers. The exemption 
enables all concrete pump operators, concrete pumping companies, and 
drivers who operate concrete pumps in interstate commerce to count on-
duty time while attending equipment but performing no other work-
related activity, toward the 30-minute rest break provision of the HOS 
regulations. 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 on March 21, 2017 and expires on 
March 21, 2019.

FOR FURTHER INFORMATION 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.

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 the safety analyses and public comments, and 
determines whether granting the exemption would likely achieve a level 
of safety equivalent to, or greater than, the level that would be 
achieved 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 specific 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, and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

Request for Exemption

    The American Concrete Pumping Association (ACPA) represents more 
than 600 member companies who employ over 7,000 workers nationwide. The 
exemption would be applied to all interstate concrete pumper trucks and 
their operators, regardless of the motor carrier or membership in ACPA. 
Although many of the trucks operate intrastate and would therefore not 
be covered by an FMCSA exemption, an unknown number of the pumping 
trucks are operated in metropolitan areas and do routinely cross State 
lines.\1\
---------------------------------------------------------------------------

    \1\ FMCSA does not have jurisdiction over intrastate 
transportation; however, most States have commercial motor vehicle 
statutes and regulations that are compatible with Federal 
regulations. An FMCSA exemption only applies to interstate 
transportation, although some States honor them for intrastate 
traffic.
---------------------------------------------------------------------------

    ACPA requests an exemption from the 30-minute rest break provision 
in 49 CFR 395.3(a)(3)(ii). The exemption would apply industry-wide to 
all concrete pump operators, concrete pumping companies and drivers who 
deliver, set-up, and operate concrete pumps in interstate commerce 
across the United States. ACPA requests the exemption because it states 
that the mandatory 30-minute rest break increases the risk of dangerous 
conditions on job sites. A mandatory break during which the concrete 
pump operator is considered to be ``off duty'' would require the pump 
to be shut down and likely cleaned out. Stopping the flow of concrete 
through the pump creates the risk of introducing air in the pump's pipe 
system which in turn could cause hose-whipping that can injure not only 
the pump operator, but any personnel within reach of the hose. Concrete 
pump operators also already take rest breaks throughout the typical day 
that reflect the work flow at the job site, so an additional 30-minute 
rest break does not enhance job safety.
    ACPA added that concrete is a perishable product. The perishable 
nature of concrete also creates difficult schedule coordination issues 
due to concrete being needed on a just-in-time basis. Concrete pump 
operators cannot plan the timing of the 30-minute break, as they cannot 
interrupt their work activity without the threat of failure--failure to 
accept and deliver concrete within its perishable limits and failure to 
comply with their contracts. Once the ingredients of ready-mixed 
concrete have been combined, there is a brief window during which the 
product can be pumped (roughly 90 minutes before the concrete hardens). 
Should the concrete pump operator be required to take the 30-minute 
rest break, it would cause a ripple effect on the ready-mixed concrete 
trucks in line to supply the pump. Such a delay could cost thousands of 
dollars to rectify and could potentially violate a delivery contract, 
according to ACPA. Once the concrete pump starts to receive a delivery, 
it must be completed without disruption

[[Page 14596]]

to conduct a safe and structurally sound pour.
    Further details regarding this industry's safety controls can be 
found in the application for exemption, which can be accessed in the 
docket identified at the beginning of this notice. ACPA asserted that 
granting this exemption would achieve the same level of safety provided 
by the rule requiring the 30-minute rest break. The Association stated 
that the concrete pumping industry has a ``solid'' safety record, and 
that concrete pump operators already receive numerous other breaks 
throughout the workday. ACPA's Operation Certification Program ensures, 
encourages, and educates the industry on safe pumping and placement 
procedures, and these safety practices allow concrete operators to 
maintain their safety record through careful training and well-
developed safety guidelines. The proposed exemption would be effective 
for 2 years.

Public Comments

    On October 25, 2016, FMCSA published notice of this application, 
and requested public comment (81 FR 73465); four responses were 
submitted. Comments in favor of the proposed exemption were submitted 
by the Western States Trucking Association (WSTA) (formerly known as 
the California Construction Trucking Association (CCTA)); and the 
National Ready Mixed Concrete Association (NRMCA). Comments in 
opposition to the proposed exemption were submitted by the 
International Brotherhood of Teamsters (IBT). One individual commenter 
took no formal position on the exemption request.
    WSTA stated that it ``is supportive of FMCSA granting the exemption 
requested by the ACPA from the 30-minute rest break provision in 49 CFR 
395.3(a) (3) (ii). Concrete is a perishable commodity and as such once 
the pump-operator begins pumping concrete, needing to comply with the 
30-minute break requirement can have significant negative ramifications 
for both the product and machinery.'' WSTA added that the ready-mixed 
concrete drivers delivering product to a work site that is dependent on 
the pump operator performing their job function are already exempted 
from the 30-minute break requirements. WSTA referenced their prior 
support of the ready-mixed concrete request several years earlier, and 
further noted that in those same comments they had requested FMCSA to 
expand the 30-minute break exemption to operators of concrete pumpers.
    NRMCA also supported the ACPA exemption request. As the 
representative of one of the primary material suppliers discharging 
into concrete pumps, NRMCA asserted that all the claims made and 
scenarios outlined by ACPA are legitimate and thus valid reasons for 
granting the requested exemption. NRMCA confirmed APCA's concerns about 
ready mixed concrete being a perishable product and thus requiring a 
30-minute break to be taken at a likely improbable time risks worker 
safety, equipment malfunctions and the delicate coordination required 
between ready mixed concrete deliveries and the concrete pump 
operators. Due to the nature of concrete pump operators' schedules and 
inherent work practices, NRMCA agreed that requiring a 30-minute break 
for concrete pump operators would not provide an increased level of 
safety on our nation's roadways, but in turn would likely create a 
potentially unsafe work environment.
    The International Brotherhood of Teamsters (IBT) opposed the 
proposed exemption. IBT strongly objected to allowing this class of 
drivers to use 30 minutes of on-duty ``waiting time'' to satisfy the 
requirement for the rest break. IBT cites APCA's argument that the 30-
minute rest break would require the concrete pump to be shut down and 
cleaned out. Stopping the concrete flow, according to ACPA, creates the 
risk of introducing air into the pipe system and the attendant risk of 
hose whipping. ACPA stated, according to the IBT, that a hose whipping 
violently could injure the pump operator and any other workers within 
reach of the discharge hose. However, IBT contends that ACPA failed to 
provide any data supporting the contention that this is a frequent 
occurrence that has caused accidents and even deaths. IBT states that 
the rest break provision has been in effect since 2011, more than 
sufficient time to collect data to support ACPA's claims of a safer 
workplace if the exemption was granted.

FMCSA Decision

    FMCSA has evaluated APCA's application and the public comments and 
decided to grant the exemption. The Agency believes that the exempted 
concrete pump 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)]. It is important to note that the Agency 
is not granting a complete exemption from the 30-minute rest break 
provision required by 49 CFR 395.3(a)(iii)(2). Instead, FMCSA is 
granting an exemption for concrete pump operators and drivers who 
remain with the CMV (i.e., wait) while not performing any other work-
related activities to count that time toward the 30-minute break. The 
only subject of the exemption is the duty status of the driver while 
``waiting'' with the vehicle during a required rest break. Like drivers 
of trucks carrying certain kinds of explosives (Sec.  395.1(q)) drivers 
of concrete pump trucks will be allowed to use the 30-minute on-duty 
periods in attendance of the vehicles, while performing no other work, 
to meet the requirement for a rest break. A similar exemption from the 
30-minute rest break was granted to the National Ready Mixed Concrete 
Association (NRMCA) on April 2, 2015 [80 FR 17819]. The Agency grants 
the exemption request subject to the terms and conditions in this 
notice.

Terms and Conditions of the Exemption

    (1) Drivers who deliver, set-up, and operate concrete pumps in 
interstate commerce across the United States, and all concrete pump 
operators and concrete pumping companies and drivers, are exempt from 
the requirement for a 30-minute rest break in Section 395.3(a)(3)(ii), 
in that they may count ``waiting'' periods when they are performing no 
work activity as the required 30-minute break.
    (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.

Period of the Exemption

    This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is 
granted for the period from March 21, 2017 through March 21, 2019.

Extent of the Exemption

    This exemption is limited to the provisions of 49 CFR 
395.3(a)(3)(ii). These drivers must comply will 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

[[Page 14597]]

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 CMVs operating under the terms of this 
exemption. The notification must include the following information:
    (a) Identity of the exemption: ``ACPA''
    (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 period 
prior to the accident.
    Reports filed under this provision shall be emailed to 
MCPSD@DOT.GOV.

Termination

    FMCSA does not believe the drivers covered by this exemption will 
experience any deterioration of their safety record. However, should 
this occur, FMCSA will take all steps necessary to protect the public 
interest, including revocation of the exemption. The FMCSA will 
immediately revoke or restrict the exemption for failure to comply with 
its terms and conditions.

    Issued on: March 10, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-05522 Filed 3-20-17; 8:45 am]
BILLING CODE 4910-EX-P