Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Castignoli Enterprises, 53147-53149 [2018-22704]
Download as PDF
<![CDATA[
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]
-----------------------------------------------------------------------
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
