Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Castignoli Enterprises, 53147-53149 [2018-22704]

Download as PDF amozie on DSK3GDR082PROD with NOTICES1 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices addresses provided above and can be found at: https://www.wsdot.wa.gov/ Projects/SR520Bridge/Library/ I5Medina.htm. This notice applies to all Federal agency decisions related to the re-evaluation as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4347]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. Air: Clean Air Act, as amended [42 U.S.C. 7401–7671(q)]. 3. Land: Section 6(f) of the Land and Water Conservation Fund Act of 1965 [16 U.S.C. 4601]; Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]. 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544]; Section 7 of the Endangered Species Act [16 U.S.C. 1536]; Anadromous Fish Conservation Act [16 U.S.C. 757(a–757(g)); Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)]; Magnuson-Stevens Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 1801 et seq.]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; Archaeological and Historic Preservation Act [16 U.S.C. 469–469(c)]; Native American Grave Protection and Repatriation Act (25 U.S.C. 3001–3013). 6. Wetlands and Water Resources: Section 7 of the Endangered Species Act [16 U.S.C. 1536); Clean Water Act, (Section 319 [33 U.S.C. 329]); Safe Drinking Water Act [42 U.S.C. 300(f)– 300(j)(6)]. 7. Navigation: Rivers and Harbors Act of 1899 [33 U.S.C. 403]; General Bridge Act of 1946 [33 U.S.C. 9 and 11]. 8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. Authority: 23 U.S.C. 139(1)(1), as amended by Moving Ahead for Progress in the 21st Century Act, (PL 112–141, 126 Stat. 405). VerDate Sep<11>2014 17:25 Oct 18, 2018 Jkt 247001 Issued on: October 9, 2018. Daniel Mathis, FHWA Division Administrator, Olympia, WA. [FR Doc. 2018–22471 Filed 10–18–18; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0142] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Castignoli Enterprises Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant Castignoli Enterprises’ (Castignoli) application for a limited 5-year exemption to allow a sleeper berth to be installed in the bed of a Ford F350 pickup truck that, when operated in combination with certain trailers, is a commercial motor vehicle (CMV) under the Federal Motor Carrier Safety Regulations (FMCSRs). A sleeper berth installed in the bed of the pickup truck does not meet the access, location, exit, communication, or occupant restraint requirements for sleeper berths as prescribed in the FMCSRs. The Agency has determined that allowing the sleeper berth to be installed in the bed of the pickup would not have an adverse impact on safety and that adherence to the terms and conditions of the exemption will likely achieve a level of safety equivalent to or greater than the level of safety provided by the regulation. DATES: This exemption is applicable October 19, 2018 and ending Thursday, October 19th, 2023. FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC–PSV, (202) 366–0676, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001. Docket: For access to the docket to read background documents or comments submitted to notice requesting public comments on the exemption application, 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 SUMMARY: PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 53147 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The online Federal document management system is available 24 hours each day, 365 days each year. The docket number is listed at the beginning of this notice. SUPPLEMENTARY INFORMATION: Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Castignoli’s Application for Exemption Castignoli applied for an exemption from 49 CFR 393.76(a)(3), (b)(2), (c), (d), and (h) to allow a sleeper berth to be installed in the bed of a Ford F350 pickup truck. A copy of the application is included in the docket referenced at the beginning of this notice. Section 393.76 of the FMCSRs provides various requirements for sleeper berths installed in in CMVs. Specific to Castignoli’s exemption application: 1. Section 393.76(a)(3), ‘‘Access,’’ requires a sleeper berth to be constructed so that an occupant’s ready entrance to, and exit from the sleeper berth is not unduly hindered. 2. Section 393.76(b)(2), ‘‘Location,’’ requires a sleeper berth located within the cargo space of a motor vehicle to be securely compartmentalized from the remainder of the cargo space. 3. Section 393.76(c), ‘‘Exit from the berth,’’ requires a direct and ready E:\FR\FM\19OCN1.SGM 19OCN1 53148 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices means of exit from a sleeper berth into the driver’s seat or compartment. 4. Section 393.76(d), ‘‘Communication with the driver,’’ requires a sleeper berth which is not located within the driver’s compartment and has no direct entrance into the driver’s compartment to be equipped with a means of communication between the occupant and the driver. The means of communication may consist of a telephone, speaker tube, buzzer, pull cord, or other mechanical or electrical device. 5. Section 393.76(h), ‘‘Occupant restraint,’’ requires a motor vehicle manufactured on or after July 1, 1971, and equipped with a sleeper berth to be equipped with a means of preventing ejection of the occupant of the sleeper berth during deceleration of the vehicle. The restraint system must be designed, installed, and maintained to withstand a minimum total force of 6,000 pounds applied toward the front of the vehicle and parallel to the longitudinal axis of the vehicle. The applicant states that he is the owner/operator of Castignoli, and is the ‘‘solo driver of a hot shot hauler, F350 1-ton pickup with trailer . . .’’ 1 The applicant states that as a solo driver, ‘‘there is no ready need for access between the sleeper berth and the driver’s compartment.’’ In addition, the applicant states: amozie on DSK3GDR082PROD with NOTICES1 I plan to incorporate the sleeper berth into the bed of the tow vehicle. The utilization of this type of sleeper berth, would allow myself (as the sole driver) to meet the hours of [10-hour] service rest period requirements by utilizing a sleeper berth incorporated into the bed of the vehicle (Rear covered, ventilated, insulated, bed with cap and full size twin mattress) in lieu of a motel each evening. The tow vehicle/trailer combination would not be operating on the roadway during my 10-hour rest period, so there is no benefit in having the access requirements to the driver compartment, nor any need for communication with the driver (myself), nor any occupant restraint requirement as the vehicle is not moving while I am sleeping. The sleeper berth is separate from the trailer behind the tow vehicle, and is therefore separate from the cargo. The current FMCSR regulatory requirements for sleeper berth access seem to rely on the assumption that one driver is driving while another driver is in the sleeper berth, and that the truck is moving always. The situation that I have as a single driver is that when I am off duty, the vehicle is not 1 In trucking, the term ‘‘hot shot’’ commonly refers to either the truck or the freight—often both. In the former sense, its normally a Class 3–5 truck used in combination with a variety of trailers to run for hire freight, whether for a single customer or less-than-truckload. The truck is often a 3⁄4 to 1 1⁄2 ton pickup outfitted with weight-distributing gooseneck or fifth-wheel-type connections to a trailer. VerDate Sep<11>2014 17:25 Oct 18, 2018 Jkt 247001 moving and therefore direct access to the sleeper berth area should not be required, and since the vehicle is not moving there is no need for occupant restraint systems nor a means for communication with the driver. All other dimensional requirements, ventilation, and protection against exhaust and fuel leaks will be met. The applicant states that because of mobility issues associated with a partially fused spine, it is easier for him to access a sleeper berth installed in the bed of the pickup truck as opposed to a sleeper berth that could be installed in the back seat of the pickup truck that meets the requirements of the FMCSRs. The exemption would apply only to Castignoli’s sole driver and pickup truck. Castignoli believes that the sleeper berth installed in the bed of the pickup truck will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. Comments FMCSA published a notice of the application in the Federal Register on April 24, 2018, and asked for public comment (83 FR 17883). The Agency received sixty-five comments, all from individuals. Nearly all of the commenters (61) supported the exemption application. These commenters stated that sleeper berth requirements should be flexible enough to allow a sleeper berth to be accessed from outside the driver compartment for solo operators, and without the regulatory requirements pertaining to access, exit from the berth, communication with the driver, and occupant restraint for vehicles that are not moving during the sleeper berth rest period. Two commenters opposed the exemption application, expressing concerns that a sleeper berth installed in the bed of a pickup truck will not be large enough to allow the driver enough space to get adequate rest. Two commenters did not express support or oppose the exemption application. FMCSA Decision The FMCSA has evaluated the Castignoli exemption application, and the comments received. The Agency believes that granting the temporary exemption to allow a sleeper berth to be installed in the pickup truck bed will provide a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. Sleeper berths provide an option for drivers to obtain the rest necessary under the hours-of-service rules in part 395 of the FMCSRs without having to pay lodging costs at a hotel/ motel. In the case of team driving PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 operations, a sleeper berth allows one person to obtain the necessary rest (a ‘‘relief driver’’) while the other person is driving, allowing a vehicle to be operated continuously and thereby increasing productivity. Previous rulemakings have specifically noted the use of sleeper berths by relief drivers in team driving operations. The sleeper berth requirements were revised in April 1974 to increase the minimum interior dimensional requirements for sleeper berths in CMVs (39 FR 14710). In that final rule, the Federal Highway Administration’s Bureau of Motor Carrier Safety (the predecessor to FMCSA) stated that ‘‘In sleeper berth trucking operations it is of critical importance that relief drivers be fresh and alert when they assume their driving tasks.’’ [Emphasis added.] Additionally, when considering possible changes to the shape of the sleeper berth, the Bureau of Motor Carrier Safety stated that use of ‘‘slantback’’ cab designs which incorporate a slanted rear cab wall and do not provide a rectangular sleeper berth compartment was not permissible because it ‘‘represents an intrusion into the relief driver’s sleeping space.’’ [Emphasis added.] In team driving operations, it is important for the person in the sleeper berth (i.e., the relief driver) to be able to communicate with the person driving the vehicle, to be able to directly access the driver’s seat or compartment, and to be restrained when the vehicle is in motion. These provisions are not applicable, however, in the case of Castignoli where a solo driver is operating a pickup truck and a trailer, and the sleeper berth is only used by the solo driver when the vehicle is not in motion. In this operating scenario, FMCSA believes that as long as the sleeper berth dimensional (§ 393.76(a)(1)), shape (§ 393.76(a)(2)), equipment (§ 393.76(e)), ventilation (§ 393.76(f)), and protection against exhaust and fuel leaks and exhaust heat (§ 393.76(g)) provisions are satisfied, the solo driver will be able to obtain the necessary rest and there will be no degradation in safety. Additionally, the Agency believes that allowing flexibility in the location of the sleeper berth is likely to improve the overall level of safety to the motoring public by allowing drivers additional options to get their mandatory rest periods. Terms and Conditions for the Exemption The Agency hereby grants the exemption for a 5-year period, beginning October 19, 2018 and ending E:\FR\FM\19OCN1.SGM 19OCN1 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices Thursday, October 19, 2023. During the temporary exemption period, Castignoli will be allowed to utilize a sleeper berth installed in the bed of a pickup truck that, when operated in combination with certain trailers, is a CMV. The sleeper berth must comply fully with the requirements of § 393.76(a)(1), § 393.76(a)(2), § 393.76(e), § 393.76(f), and § 393.76(g). The sleeper berth shall be used only by the owner/operator of Castignoli, and no other person is permitted to be in the sleeper berth while the vehicle is in motion. The exemption will be valid for 5 years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) Castignoli fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b). Interested parties possessing information that would demonstrate that Castignoli’s use of a sleeper berth installed in the bed of pickup truck when operating as a CMV is not achieving the requisite statutory level of safety should immediately notify FMCSA. The Agency will evaluate any such information and, if safety is being compromised or if the continuation of the exemption is not consistent with 49 U.S.C. 31136(e) and 31315(b), will take immediate steps to revoke the exemption. Preemption amozie on DSK3GDR082PROD with NOTICES1 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 Castignoli Enterprises operating under the exemption. States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce. Issued on: October 10, 2018. Raymond P. Martinez, Administrator. [FR Doc. 2018–22704 Filed 10–18–18; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 17:25 Oct 18, 2018 Jkt 247001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0480] Commercial Driver’s License Standards: Application for Exemption; CRST Expedited Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemption. AGENCY: FMCSA announces its decision to renew CRST Expedited (CRST) exemption from the regulation that requires a commercial learner’s permit (CLP) holder to be accompanied by a commercial driver’s license (CDL) holder with the proper CDL class and endorsements, seated in the front seat of the vehicle while the CLP holder performs behind-the-wheel training on public roads or highways. Under the terms and conditions of this exemption, a CLP holder who has documentation of passing the CDL skills test may drive a commercial motor vehicle (CMV) for CRST without being accompanied by a CDL holder in the front seat of the vehicle. The exemption enables CLP holders to drive as part of a team with the same regulatory flexibility as CRST team drivers with CDLs. 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: This exemption is effective September 23, 2018 and expires September 24, 2023. FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: (202) 366–4225. 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: I. Public Participation Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, FMCSA–2015–0480, in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button and choose the document to PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 53149 review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) 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 (up to 5 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). III. Request for Exemption CRST’s initial exemption application from the provisions of 49 CFR 383.25(a)(1) was submitted in 2015; a copy is in the docket identified at the beginning of this notice. The 2015 application described fully the nature of the CRST’s operations and CMV drivers. The exemption was originally granted on September 23, 2016 (81 FR 65696) for a two-year period. CRST now requests a renewal of the exemption. The current exemption excuses CRST from the requirement that a driver accompanying a CLP holder must be physically present at all times in the front seat of a CMV, on the condition that the CLP holder has successfully passed an approved CDL skills test. CRST’s 2015 application argued that the existing requirement is inefficient and unproductive, as the company must incur added expense to send the driver E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Notices]
[Pages 53147-53149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22704]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0142]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Castignoli Enterprises

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

ACTION: Notice of final disposition.

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant Castignoli Enterprises' (Castignoli) 
application for a limited 5-year exemption to allow a sleeper berth to 
be installed in the bed of a Ford F350 pickup truck that, when operated 
in combination with certain trailers, is a commercial motor vehicle 
(CMV) under the Federal Motor Carrier Safety Regulations (FMCSRs). A 
sleeper berth installed in the bed of the pickup truck does not meet 
the access, location, exit, communication, or occupant restraint 
requirements for sleeper berths as prescribed in the FMCSRs. The Agency 
has determined that allowing the sleeper berth to be installed in the 
bed of the pickup would not have an adverse impact on safety and that 
adherence to the terms and conditions of the exemption will likely 
achieve a level of safety equivalent to or greater than the level of 
safety provided by the regulation.

DATES: This exemption is applicable October 19, 2018 and ending 
Thursday, October 19th, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue SE, Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or 
comments submitted to notice requesting public comments on the 
exemption application, 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 Federal document 
management system is available 24 hours each day, 365 days each year. 
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION: 

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. FMCSA must publish a notice of each exemption request in 
the Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

Castignoli's Application for Exemption

    Castignoli applied for an exemption from 49 CFR 393.76(a)(3), 
(b)(2), (c), (d), and (h) to allow a sleeper berth to be installed in 
the bed of a Ford F350 pickup truck. A copy of the application is 
included in the docket referenced at the beginning of this notice.
    Section 393.76 of the FMCSRs provides various requirements for 
sleeper berths installed in in CMVs. Specific to Castignoli's exemption 
application:
    1. Section 393.76(a)(3), ``Access,'' requires a sleeper berth to be 
constructed so that an occupant's ready entrance to, and exit from the 
sleeper berth is not unduly hindered.
    2. Section 393.76(b)(2), ``Location,'' requires a sleeper berth 
located within the cargo space of a motor vehicle to be securely 
compartmentalized from the remainder of the cargo space.
    3. Section 393.76(c), ``Exit from the berth,'' requires a direct 
and ready

[[Page 53148]]

means of exit from a sleeper berth into the driver's seat or 
compartment.
    4. Section 393.76(d), ``Communication with the driver,'' requires a 
sleeper berth which is not located within the driver's compartment and 
has no direct entrance into the driver's compartment to be equipped 
with a means of communication between the occupant and the driver. The 
means of communication may consist of a telephone, speaker tube, 
buzzer, pull cord, or other mechanical or electrical device.
    5. Section 393.76(h), ``Occupant restraint,'' requires a motor 
vehicle manufactured on or after July 1, 1971, and equipped with a 
sleeper berth to be equipped with a means of preventing ejection of the 
occupant of the sleeper berth during deceleration of the vehicle. The 
restraint system must be designed, installed, and maintained to 
withstand a minimum total force of 6,000 pounds applied toward the 
front of the vehicle and parallel to the longitudinal axis of the 
vehicle.
    The applicant states that he is the owner/operator of Castignoli, 
and is the ``solo driver of a hot shot hauler, F350 1-ton pickup with 
trailer . . .'' \1\ The applicant states that as a solo driver, ``there 
is no ready need for access between the sleeper berth and the driver's 
compartment.'' In addition, the applicant states:
---------------------------------------------------------------------------

    \1\ In trucking, the term ``hot shot'' commonly refers to either 
the truck or the freight--often both. In the former sense, its 
normally a Class 3-5 truck used in combination with a variety of 
trailers to run for hire freight, whether for a single customer or 
less-than-truckload. The truck is often a \3/4\ to 1 \1/2\ ton 
pickup outfitted with weight-distributing gooseneck or fifth-wheel-
type connections to a trailer.

    I plan to incorporate the sleeper berth into the bed of the tow 
vehicle. The utilization of this type of sleeper berth, would allow 
myself (as the sole driver) to meet the hours of [10-hour] service 
rest period requirements by utilizing a sleeper berth incorporated 
into the bed of the vehicle (Rear covered, ventilated, insulated, 
bed with cap and full size twin mattress) in lieu of a motel each 
evening. The tow vehicle/trailer combination would not be operating 
on the roadway during my 10-hour rest period, so there is no benefit 
in having the access requirements to the driver compartment, nor any 
need for communication with the driver (myself), nor any occupant 
restraint requirement as the vehicle is not moving while I am 
sleeping. The sleeper berth is separate from the trailer behind the 
tow vehicle, and is therefore separate from the cargo.
    The current FMCSR regulatory requirements for sleeper berth 
access seem to rely on the assumption that one driver is driving 
while another driver is in the sleeper berth, and that the truck is 
moving always. The situation that I have as a single driver is that 
when I am off duty, the vehicle is not moving and therefore direct 
access to the sleeper berth area should not be required, and since 
the vehicle is not moving there is no need for occupant restraint 
systems nor a means for communication with the driver. All other 
dimensional requirements, ventilation, and protection against 
exhaust and fuel leaks will be met.

    The applicant states that because of mobility issues associated 
with a partially fused spine, it is easier for him to access a sleeper 
berth installed in the bed of the pickup truck as opposed to a sleeper 
berth that could be installed in the back seat of the pickup truck that 
meets the requirements of the FMCSRs. The exemption would apply only to 
Castignoli's sole driver and pickup truck. Castignoli believes that the 
sleeper berth installed in the bed of the pickup truck will maintain a 
level of safety that is equivalent to, or greater than, the level of 
safety achieved without the exemption.

Comments

    FMCSA published a notice of the application in the Federal Register 
on April 24, 2018, and asked for public comment (83 FR 17883). The 
Agency received sixty-five comments, all from individuals. Nearly all 
of the commenters (61) supported the exemption application. These 
commenters stated that sleeper berth requirements should be flexible 
enough to allow a sleeper berth to be accessed from outside the driver 
compartment for solo operators, and without the regulatory requirements 
pertaining to access, exit from the berth, communication with the 
driver, and occupant restraint for vehicles that are not moving during 
the sleeper berth rest period. Two commenters opposed the exemption 
application, expressing concerns that a sleeper berth installed in the 
bed of a pickup truck will not be large enough to allow the driver 
enough space to get adequate rest. Two commenters did not express 
support or oppose the exemption application.

FMCSA Decision

    The FMCSA has evaluated the Castignoli exemption application, and 
the comments received. The Agency believes that granting the temporary 
exemption to allow a sleeper berth to be installed in the pickup truck 
bed will provide a level of safety that is equivalent to, or greater 
than, the level of safety achieved without the exemption. Sleeper 
berths provide an option for drivers to obtain the rest necessary under 
the hours-of-service rules in part 395 of the FMCSRs without having to 
pay lodging costs at a hotel/motel. In the case of team driving 
operations, a sleeper berth allows one person to obtain the necessary 
rest (a ``relief driver'') while the other person is driving, allowing 
a vehicle to be operated continuously and thereby increasing 
productivity.
    Previous rulemakings have specifically noted the use of sleeper 
berths by relief drivers in team driving operations. The sleeper berth 
requirements were revised in April 1974 to increase the minimum 
interior dimensional requirements for sleeper berths in CMVs (39 FR 
14710). In that final rule, the Federal Highway Administration's Bureau 
of Motor Carrier Safety (the predecessor to FMCSA) stated that ``In 
sleeper berth trucking operations it is of critical importance that 
relief drivers be fresh and alert when they assume their driving 
tasks.'' [Emphasis added.] Additionally, when considering possible 
changes to the shape of the sleeper berth, the Bureau of Motor Carrier 
Safety stated that use of ``slant-back'' cab designs which incorporate 
a slanted rear cab wall and do not provide a rectangular sleeper berth 
compartment was not permissible because it ``represents an intrusion 
into the relief driver's sleeping space.'' [Emphasis added.]
    In team driving operations, it is important for the person in the 
sleeper berth (i.e., the relief driver) to be able to communicate with 
the person driving the vehicle, to be able to directly access the 
driver's seat or compartment, and to be restrained when the vehicle is 
in motion. These provisions are not applicable, however, in the case of 
Castignoli where a solo driver is operating a pickup truck and a 
trailer, and the sleeper berth is only used by the solo driver when the 
vehicle is not in motion. In this operating scenario, FMCSA believes 
that as long as the sleeper berth dimensional (Sec.  393.76(a)(1)), 
shape (Sec.  393.76(a)(2)), equipment (Sec.  393.76(e)), ventilation 
(Sec.  393.76(f)), and protection against exhaust and fuel leaks and 
exhaust heat (Sec.  393.76(g)) provisions are satisfied, the solo 
driver will be able to obtain the necessary rest and there will be no 
degradation in safety. Additionally, the Agency believes that allowing 
flexibility in the location of the sleeper berth is likely to improve 
the overall level of safety to the motoring public by allowing drivers 
additional options to get their mandatory rest periods.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period, 
beginning October 19, 2018 and ending

[[Page 53149]]

Thursday, October 19, 2023. During the temporary exemption period, 
Castignoli will be allowed to utilize a sleeper berth installed in the 
bed of a pickup truck that, when operated in combination with certain 
trailers, is a CMV. The sleeper berth must comply fully with the 
requirements of Sec.  393.76(a)(1), Sec.  393.76(a)(2), Sec.  
393.76(e), Sec.  393.76(f), and Sec.  393.76(g). The sleeper berth 
shall be used only by the owner/operator of Castignoli, and no other 
person is permitted to be in the sleeper berth while the vehicle is in 
motion.
    The exemption will be valid for 5 years unless rescinded earlier by 
FMCSA. The exemption will be rescinded if: (1) Castignoli fails to 
comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
before it was granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 
31315(b).
    Interested parties possessing information that would demonstrate 
that Castignoli's use of a sleeper berth installed in the bed of pickup 
truck when operating as a CMV is not achieving the requisite statutory 
level of safety should immediately notify FMCSA. The Agency will 
evaluate any such information and, if safety is being compromised or if 
the continuation of the exemption is not consistent with 49 U.S.C. 
31136(e) and 31315(b), will take immediate steps to revoke the 
exemption.

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 
Castignoli Enterprises operating under the exemption. States may, but 
are not required to, adopt the same exemption with respect to 
operations in intrastate commerce.

    Issued on: October 10, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-22704 Filed 10-18-18; 8:45 am]
 BILLING CODE 4910-EX-P