California Meal and Rest Break Rules; Petition for Determination of Preemption, 50142-50143 [2018-21624]

Download as PDF 50142 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration FMCSA encourages you to participate by submitting comments and related materials. [Docket No. FMCSA–2018–0304] Submitting Comments California Meal and Rest Break Rules; Petition for Determination of Preemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of petition for determination of preemption; request for comments. AGENCY: FMCSA requests comments on a petition submitted by the American Trucking Associations, Inc. (ATA) requesting a determination that the State of California’s meal and rest break rules are preempted by Federal law. Among other things, FMCSA requests comments on what effect, if any, California’s meal and rest break requirements may have on interstate commerce. SUMMARY: Comments must be received on or before October 29, 2018. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA–2018–0304 by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. See the Public Participation and Request for Comments section below for further information. • Mail: 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. FOR FURTHER INFORMATION CONTACT: Mr. Charles Medalen, Regulatory Affairs Division; FMCSA Chief Counsel; Telephone: (202) 366–1354; Email: Charles.Medalen@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: daltland on DSKBBV9HB2PROD with NOTICES DATES: VerDate Sep<11>2014 17:43 Oct 03, 2018 Jkt 247001 Public Participation and Request for Comments If you submit a comment, please include the docket number for this notice (FMCSA–2018–0304), 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–2018–0304’’ 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. 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 determination. 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. Background On September 24, 2018, ATA submitted a petition to FMCSA PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 requesting a determination under 49 U.S.C. 31141 that the State of California’s Meal and Rest Break rules are preempted by Federal law (Petition). The petition stated that, under California law, within the transportation industry, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. Petition at 1–2 (citing Cal. Lab. Code § 512(a)). The petition stated that an employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived. Id. Ordinarily, the employee must be ‘‘relieved of all duty’’ for the period, unless ‘‘the nature of the work prevents an employee from being relieved of all duty,’’ and the employee enters into a written agreement to remain on duty, which he or she may revoke at any time. Id. at 2 (citing Cal. Industrial Wage Commission Wage Order No. 9 § 11(C)). The petition also stated that California law provides that, within the transportation industry, every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. Id. (citing Wage Order No. 9 § 12(a)). The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (3 1⁄2) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages. Id. In short, California generally requires employers in the transportation industry to provide employees with an off-duty 30-minute break for every five hours worked, before the end of each five-hour period; and a ten-minute off-duty break for every four hour period (or ‘‘major fraction thereof,’’ i.e., period greater than two hours), in the middle of each such period if possible. Commercial drivers covered by collective bargaining agreements that meet certain statutorily enumerated criteria, however, are not E:\FR\FM\04OCN1.SGM 04OCN1 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices subject to the meal period requirement. See id. (citing Cal. Lab. Code § 512(e), (f)(2)). Issued on: September 28, 2018. Raymond P. Martinez, Administrator. Applicable Law [FR Doc. 2018–21624 Filed 10–3–18; 8:45 am] BILLING CODE 4910–EX–P Section 31141 of title 49, United States Code, prohibits States from enforcing a law or regulation on commercial motor vehicle safety that the Secretary of Transportation (Secretary) has determined to be preempted. To determine whether a State law or regulation is preempted, the Secretary must decide whether a State law or regulation: (1) Has the same effect as a regulation prescribed under 49 U.S.C. 31136, which is the authority for much of the Federal Motor Carrier Safety Regulations (FMCSRs); (2) is less stringent than such a regulation; or (3) is additional to or more stringent than such a regulation. 49 U.S.C. 31141(c)(1). If the Secretary decides that a State law or regulation has the same effect as a regulation prescribed under 49 U.S.C. 31136, the State law or regulation may be enforced. Id. § 31141(c)(2). If the Secretary decides that a State law or egulation is less stringent than a regulation prescribed under 49 U.S.C. 31136, the State law or regulation may not be enforced. Id. § 31141(c)(3). If the Secretary decides that a State law or regulation is additional to or more stringent than a regulation prescribed by the Secretary under 49 U.S.C. 31136, the State law or regulation may be enforced unless the Secretary decides that the State law or regulation (1) Has no safety benefit; (2) is incompatible with the regulation prescribed by the Secretary; or (3) would cause an unreasonable burden on interstate commerce. Id. § 31141(c)(4). In deciding whether a State law or regulation will cause an unreasonable burden on interstate commerce, the Secretary may consider the cumulative effect on implementation of the State law or regulation and all similar laws and regulations of other States. Id. § 31141(c)(5). The Secretary’s authority under 49 U.S.C. 31141 is delegated to the FMCSA Administrator by 49 CFR 1.87(f). daltland on DSKBBV9HB2PROD with NOTICES Request for Comments Although preemption under 31141 is a legal determination reserved to the judgment of the Agency, FMCSA seeks comment on any issues raised in ATA’s petition or otherwise relevant. The Agency has placed ATA’s petition in the docket. VerDate Sep<11>2014 17:43 Oct 03, 2018 Jkt 247001 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket Number: NHTSA–2017–0057] Reports, Forms, and Record Keeping Requirements Agency Information Collection Activity Under OMB Review National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Notice and request for comments. AGENCY: In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comments. The ICR describes the nature of the information collection and its expected burden. A Federal Register Notice with a 60-day comment period soliciting public comments on the following information collection was published on September 6, 2017. This notice addresses comments received. DATES: Written comments should be submitted on or before November 5, 2018. SUMMARY: Send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW, Washington, DC 20503, Attention: NHTSA Desk Officer. FOR FURTHER INFORMATION CONTACT: For additional information or access to background documents, contact Amy Berning, Office of Behavioral Safety, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, W46–497, Washington, DC 20590; telephone: (202) 366–5587; email: amy.berning@dot.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Information Collection Request Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). In compliance with these requirements, this notice announces that the following information collection request has been forwarded to OMB. OMB Control Number: To be issued at time of approval. PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 50143 Title: Drug Use Characteristics of Drivers Arrested for Driving Under the Influence (DUI) or Driving Under the Influence of Drugs (DUID). Form Numbers: NHTSA Form 1468, 1469. Type of Review: New information collection. Abstract: NHTSA proposes to conduct a study to estimate the prevalence of drugs in drivers arrested for driving under the influence or driving under the influence of a drug. Approximately 1,000 drivers arrested for DUI or DUID at two or three locations across the country will be interviewed and administered an oral fluid drug test. The primary aim of this project is to better understand the frequency of alcohol, prescription, overthe-counter (OTC), and illicit drugs in impaired driving arrests. Trained researchers will ask participants questions regarding demographics, driving, alcohol, and drug use. Participants will then be asked to provide an oral fluid sample using a collection device which will be used to test for alcohol and approximately 50 other specific drugs. Data collection will take place over a six-month period at two to three sites across the country. The research team will coordinate with the local police departments and officials at these sites. The sites will have a private room at the booking facility for use by the research team. Each site will have at least 1,250 impaired driving arrests per year and be willing to enter into a Memorandum of Understanding with the research team regarding the study. Data for the study will primarily be collected at a central booking facility for the site’s police department. Upon arriving at the booking facility, the arresting officer or other approved police staff will briefly inform the potential participants that they have the opportunity to participate in a research study sponsored by NHTSA. Police staff will ask the participants if they would be interested in learning more about the study. If they respond yes, then they will be introduced to the trained research staff in the private study room. The research staff will further describe the study to the potential participant. The researcher will explain to the potential participant that study data is anonymous, s/he must be 18 years of age or older to participate, s/he is free to withdraw from the study at any time, the results of the drug test and questionnaire will not be provided to anyone outside of the research team (including to the participant), and participation in the study will not be used to help or hurt the individual in E:\FR\FM\04OCN1.SGM 04OCN1

Agencies

[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Notices]
[Pages 50142-50143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21624]



[[Page 50142]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0304]


California Meal and Rest Break Rules; Petition for Determination 
of Preemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of petition for determination of preemption; request for 
comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA requests comments on a petition submitted by the 
American Trucking Associations, Inc. (ATA) requesting a determination 
that the State of California's meal and rest break rules are preempted 
by Federal law. Among other things, FMCSA requests comments on what 
effect, if any, California's meal and rest break requirements may have 
on interstate commerce.

DATES: Comments must be received on or before October 29, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2018-0304 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: 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.

FOR FURTHER INFORMATION CONTACT: Mr. Charles Medalen, Regulatory 
Affairs Division; FMCSA Chief Counsel; Telephone: (202) 366-1354; 
Email: [email protected]. If you have questions on viewing or 
submitting material to the docket, contact Docket Services, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION: 

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-2018-0304), 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-2018-0304'' 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.
    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 determination. 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.
Background
    On September 24, 2018, ATA submitted a petition to FMCSA requesting 
a determination under 49 U.S.C. 31141 that the State of California's 
Meal and Rest Break rules are preempted by Federal law (Petition). The 
petition stated that, under California law, within the transportation 
industry, an employer may not employ an employee for a work period of 
more than five hours per day without providing the employee with a meal 
period of not less than 30 minutes, except that if the total work 
period per day of the employee is no more than six hours, the meal 
period may be waived by mutual consent of both the employer and 
employee. Petition at 1-2 (citing Cal. Lab. Code Sec.  512(a)). The 
petition stated that an employer may not employ an employee for a work 
period of more than 10 hours per day without providing the employee 
with a second meal period of not less than 30 minutes, except that if 
the total hours worked is no more than 12 hours, the second meal period 
may be waived by mutual consent of the employer and the employee only 
if the first meal period was not waived. Id. Ordinarily, the employee 
must be ``relieved of all duty'' for the period, unless ``the nature of 
the work prevents an employee from being relieved of all duty,'' and 
the employee enters into a written agreement to remain on duty, which 
he or she may revoke at any time. Id. at 2 (citing Cal. Industrial Wage 
Commission Wage Order No. 9 Sec.  11(C)).
    The petition also stated that California law provides that, within 
the transportation industry, every employer shall authorize and permit 
all employees to take rest periods, which insofar as practicable shall 
be in the middle of each work period. Id. (citing Wage Order No. 9 
Sec.  12(a)). The authorized rest period time shall be based on the 
total hours worked daily at the rate of ten (10) minutes net rest time 
per four (4) hours or major fraction thereof. However, a rest period 
need not be authorized for employees whose total daily work time is 
less than three and one-half (3 \1/2\) hours. Authorized rest period 
time shall be counted as hours worked for which there shall be no 
deduction from wages. Id.
    In short, California generally requires employers in the 
transportation industry to provide employees with an off-duty 30-minute 
break for every five hours worked, before the end of each five-hour 
period; and a ten-minute off-duty break for every four hour period (or 
``major fraction thereof,'' i.e., period greater than two hours), in 
the middle of each such period if possible. Commercial drivers covered 
by collective bargaining agreements that meet certain statutorily 
enumerated criteria, however, are not

[[Page 50143]]

subject to the meal period requirement. See id. (citing Cal. Lab. Code 
Sec.  512(e), (f)(2)).
Applicable Law
    Section 31141 of title 49, United States Code, prohibits States 
from enforcing a law or regulation on commercial motor vehicle safety 
that the Secretary of Transportation (Secretary) has determined to be 
preempted. To determine whether a State law or regulation is preempted, 
the Secretary must decide whether a State law or regulation: (1) Has 
the same effect as a regulation prescribed under 49 U.S.C. 31136, which 
is the authority for much of the Federal Motor Carrier Safety 
Regulations (FMCSRs); (2) is less stringent than such a regulation; or 
(3) is additional to or more stringent than such a regulation. 49 
U.S.C. 31141(c)(1).
    If the Secretary decides that a State law or regulation has the 
same effect as a regulation prescribed under 49 U.S.C. 31136, the State 
law or regulation may be enforced. Id. Sec.  31141(c)(2). If the 
Secretary decides that a State law or egulation is less stringent than 
a regulation prescribed under 49 U.S.C. 31136, the State law or 
regulation may not be enforced. Id. Sec.  31141(c)(3). If the Secretary 
decides that a State law or regulation is additional to or more 
stringent than a regulation prescribed by the Secretary under 49 U.S.C. 
31136, the State law or regulation may be enforced unless the Secretary 
decides that the State law or regulation (1) Has no safety benefit; (2) 
is incompatible with the regulation prescribed by the Secretary; or (3) 
would cause an unreasonable burden on interstate commerce. Id. Sec.  
31141(c)(4). In deciding whether a State law or regulation will cause 
an unreasonable burden on interstate commerce, the Secretary may 
consider the cumulative effect on implementation of the State law or 
regulation and all similar laws and regulations of other States. Id. 
Sec.  31141(c)(5). The Secretary's authority under 49 U.S.C. 31141 is 
delegated to the FMCSA Administrator by 49 CFR 1.87(f).
Request for Comments
    Although preemption under 31141 is a legal determination reserved 
to the judgment of the Agency, FMCSA seeks comment on any issues raised 
in ATA's petition or otherwise relevant. The Agency has placed ATA's 
petition in the docket.

    Issued on: September 28, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-21624 Filed 10-3-18; 8:45 am]
 BILLING CODE 4910-EX-P