Hours of Service of Drivers: American Concrete Pumping Association (ACPA); Application for Exemption, 54975-54977 [2018-23881]

Download as PDF Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Notices that presents a threat to national security. The program is currently operating on a pilot basis consistent with the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2018 (Div. K, Pub. L. 115–141). Methodology The Department collects information through mail, fax, or electronic submission. Marie Therese Porter Royce, Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. 2018–23902 Filed 10–31–18; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF TRANSPORTATION Cathy J. Read, Procurement Executive, Bureau of Administration, Department of State. Federal Aviation Administration [Summary Notice No. 2018–87] [FR Doc. 2018–23842 Filed 10–31–18; 8:45 am] BILLING CODE 4710–24–P DEPARTMENT OF STATE Petition for Exemption; Summary of Petition Received; The Boeing Company [Public Notice: 10597] AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice. Notice of Determinations; Culturally Significant Objects Imported for Exhibition—Determinations: ‘‘Play It Loud: Instruments of Rock & Roll’’ Exhibition VerDate Sep<11>2014 20:30 Oct 31, 2018 Jkt 247001 This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public’s awareness of, and participation in, the FAA’s exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. SUMMARY: Notice is hereby given of the following determinations: I hereby determine that certain objects to be included in the exhibition ‘‘Play It Loud: Instruments of Rock & Roll,’’ imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The Metropolitan Museum of Art, New York, New York, from on or about April 1, 2019, until on or about September 15, 2019, at the Rock & Roll Hall of Fame, Cleveland, Ohio, from on or about November 20, 2019, until on or about September 13, 2020, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these determinations be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: Elliot Chiu, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202–632–6471; email: section2459@state.gov). The mailing address is U.S. Department of State, L/PD, SA–5, Suite 5H03, Washington, DC 20522–0505. SUPPLEMENTARY INFORMATION: The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 SUMMARY: daltland on DSKBBV9HB2PROD with NOTICES note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236–3 of August 28, 2000. Comments on this petition must identify the petition docket number and must be received on or before November 21, 2018. ADDRESSES: Send comments identified by docket number FAA–2018–0911 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590– 0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at (202) 493–2251. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking DATES: PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 54975 process. DOT posts these comments, without edit, including any personal information the commenter provides, to https://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at https://www.dot.gov/ privacy. Docket: Background documents or comments received may be read at https://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Miles Anderson (202) 267–8624, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on October 29, 2018. Lirio Liu, Executive Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2018–0911. Petitioner: The Boeing Company. Section(s) of 14 CFR Affected: § 91.527(a). Description of Relief Sought: The Boeing Company seeks an exemption from § 91.527(a) at amendment 91–310 with respect to operating the 777–9 and 777–8 ‘‘777X’’ series aircraft in icing conditions. This exemption would permit The Boeing Company to operate such aircraft within the holdover times of the other critical surfaces of the aircraft without specific consideration of the folding wingtip (FWT) conditions. The exemption would be limited by the Airplane Flight Manual (AFM)— Miscellaneous Limitations notation that defines conditions under which takeoff without appropriate de/anti-icing treatment of the FWT is not permitted. [FR Doc. 2018–23886 Filed 10–31–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0175] Hours of Service of Drivers: American Concrete Pumping Association (ACPA); Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: E:\FR\FM\01NON1.SGM 01NON1 54976 ACTION: Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Notices Notice of final disposition. FMCSA announces its decision to grant the American Concrete Pumping Association (ACPA) request for exemption from the requirement that short-haul drivers utilizing the records of duty status (RODS) exception return to their normal work-reporting location within 12 hours of coming on duty. The exemption enables all concrete pump operators, concrete pumping companies, and drivers who operate concrete pumps to use the short-haul exception but return to their work-reporting location within 14 hours instead of the usual 12 hours. 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 November 1, 2018 and expires October 31, 2023. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, please contact Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; 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 daltland on DSKBBV9HB2PROD with NOTICES 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–2018–0175 in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button and choose the document to 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 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, VerDate Sep<11>2014 20:30 Oct 31, 2018 Jkt 247001 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)) exemption may be renewed (49 CFR 381.300(b)). III. Request for Exemption ACPA seeks an exemption from the restriction of the RODS exception for short-haul drivers who return to their normal work reporting location and are released from work within 12 hours [49 CFR 395.1(e)(1)(ii)(A)]. Specifically, ACPA requests that concrete pump operators be treated the same as drivers operating ready-mixed concrete delivery vehicles as provided in 49 CFR 395.1(e)(1)(ii)(B). Section 395.1(e)(1)(ii)(B) allows drivers of readymixed concrete delivery vehicles to rely on the short-haul exception provided they return to their work-reporting locations and are released from work within 14 consecutive hours. The requested exemption would apply industry-wide to all concrete pump operators, concrete pumping companies, and drivers who deliver, set-up, and operate concrete pumps across the United States. ACPA currently represents more than 600 member companies employing over 7,000 workers nationwide. The exemption would be applied to all interstate concrete pumper trucks and their operators. Although many of the trucks operate intrastate and would therefore not be covered by an FMCSA exemption, an unknown number of the pumping trucks are operated in metropolitan areas and do routinely cross State lines.1 1 FMCSA does not generally have jurisdiction over intrastate transportation; however, most States have commercial motor vehicle statutes and regulations that are compatible with Federal regulations. With few exceptions, an FMCSA exemption only applies to interstate transportation, PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 ACPA explained that, like readymixed concrete delivery trucks and asphalt pavement delivery trucks, concrete pumps work with a perishable product delivered on a just-in-time basis. Timing and scheduling are critical to ensure a high-quality result. Allowing concrete pump drivers to use the shorthaul exception, but return to their reporting location within 14 hours instead of 12 hours, would harmonize the hours-of-service rules for drivers of concrete pumps with the rules for drivers of the vehicles that supply the concrete. ACPA explained that only a small percentage of the concrete pump operator’s time is spent driving. On average, concrete pump operators spend between 25–32% of their time driving during a shift, and average daily driving distances are 20–25 miles. A pump operator has plenty of rest time with breaks ranging from 33%–55% of their total time pumping. The majority of an operator’s time is spent waiting on ready-mixed concrete for them to pump. ACPA further explained that a concrete pump cannot operate without concrete supplied by a ready-mixed truck. Having conflicting requirements creates confusion on job sites. Clear and consistent requirements between the concrete pumps and the ready-mixed trucks will help ensure an equivalent level of safety on the job site. ACPA adds that concrete pumping and placement companies work in collaboration with ready-mixed companies. Scheduling local business contracts in compliance with State and Federal regulations is complicated, given that some concrete companies operate under different FMCSA rules. ACPA asserts that the concrete pumping industry has a solid safety record. Break periods, spent waiting for the ready-mixed truck deliveries, provide opportunity for concrete pump operators to rest and relax. The ACPA Operator Certification Program ensures, encourages, and educates the concrete pump operators on safe concrete pumping and placement procedures. These safety practices allow concrete operators to maintain their safety record through careful training and welldeveloped safety guidelines. Because of the concrete pump operators’ training and preparation and numerous rest breaks, providing the additional 2 duty hours to concrete pump operators will have no impact on the level of safety provided under the short-haul exception. The requested exemption is for 5 years. A copy of the ACPA’s although some States honor them for intrastate traffic. E:\FR\FM\01NON1.SGM 01NON1 Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Notices application for exemption is available for review in the docket for this notice. daltland on DSKBBV9HB2PROD with NOTICES IV. Public Comments On June 21, 2018, FMCSA published notice of this application and requested public comment (83 FR 28898). The Agency received four comments. One individual and the National Ready Mixed Concrete Association (NRMCA) filed comments in support of the proposed exemption. The Advocates for Highway and Auto Safety (Advocates) and the Alliance for Driver Safety & Security (Trucking Alliance) filed joint comments in opposition to the proposed exemption. NRMCA wrote, ‘‘As outlined in ACPA’s request, due to the nature of concrete pump operators’ schedules and inherent work practices that are closely aligned with the ready mixed concrete industry, NRMCA agrees that increasing the return to work-reporting location threshold from 12 to 14 hours would not diminish safety on our nation’s roadways and ready mixed concrete construction sites.’’ Mr. Jake Ford stated, ‘‘I feel the FMCSA should look into expanding the 12-hour short-haul exemption to 14 hours to more than just Concrete Pumps. I work in the oilfield industry as a DOT/Fleet/Compliance Manager. Just like the concrete pump operators my drivers drive very little and spend 85% of their time on an oilfield service location operating equipment.’’ ‘‘The Advocates and the Trucking Alliance oppose the ACPA Application for exemption on the grounds that the Application fails to meet the statutory and regulatory requirements of applications for exemption. The Application is defective in several respects since it does not justify the need for the exemption, does not access the safety impacts of the exemption, and does not explain or document how an equivalent level of safety would be achieved. All of which are statutory requirements of a valid exemption application.’’ V. FMCSA Decision FMCSA has evaluated ACPA’s application and the public comments and decided to grant the exemption. The Agency believes that the exempted concrete pump drivers will likely achieve a level of safety that is equivalent to or greater than, the level of safety achieved without the exemption [49 CFR 381.305(a)]. The Agency granted similar exemptions to the National Asphalt Paving Association [January 26, 2018, (83 FR 3864)], and the Motion Picture Association of America [January 19, 2018, (83 FR VerDate Sep<11>2014 20:30 Oct 31, 2018 Jkt 247001 2869)]. In each of these situations, the driver spends relatively little time driving and is off duty for substantial periods of time during the day, making cumulative fatigue unlikely. In any case, a 14-hour driving window has been allowed for most drivers since early 2004, with no evidence of adverse effects. There is no reason to believe that the experience of drivers of concrete pump vehicles will be different. VI. Terms and Conditions for the Exemption (1) Drivers must return to the work reporting location and be released from work within 14 consecutive hours of coming on duty. (2) Drivers must have a copy of this exemption document in their possession while operating under the terms of the exemption. The exemption document must be presented to law enforcement officials upon request. (3) All motor carriers operating under this exemption must have a ‘‘Satisfactory’’ safety rating with FMCSA, or be ‘‘unrated.’’ Motor carriers with ‘‘Conditional’’ or ‘‘Unsatisfactory’’ FMCSA safety ratings are prohibited from using this exemption. Extent of the Exemption This exemption is limited to the provisions of 49 CFR 395.1(e)(1)(ii)(A). These drivers must comply will all other applicable provisions of the FMCSRs. 54977 (d) City or town, and State, in which the accident occurred, or closest to the accident scene, (e) Driver’s name and license number and State of issuance (f) Vehicle number and State license plate number, (g) Number of individuals suffering physical injury, (h) Number of fatalities, (i) The police-reported cause of the accident, (j) Whether the driver was cited for violation of any traffic laws or motor carrier safety regulations, and (k) The driver’s total driving time and total on-duty time period prior to the accident. Reports filed under this provision shall be emailed to MCPSD@DOT.GOV. Termination FMCSA does not believe the drivers covered by this exemption will experience any deterioration of their safety record. However, should this occur, FMCSA will take all steps necessary to protect the public interest, including revocation of the exemption. The FMCSA will immediately revoke or restrict the exemption for failure to comply with its terms and conditions. Issued on: October 25, 2018. Raymond P. Martinez, Administrator. [FR Doc. 2018–23881 Filed 10–31–18; 8:45 am] BILLING CODE 4910–EX–P Preemption In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable to interstate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce. Notification to FMCSA Any motor carrier utilizing this exemption must notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5), involving any of the motor carrier’s CMVs operating under the terms of this exemption. The notification must include the following information: (a) Identity of the exemption: ‘‘ACPA’’ (b) Name of operating motor carrier and USDOT number, (c) Date of the accident, PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request on Information Collection for Form 13768, Electronic Tax Administration Advisory Committee Membership Application Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: The Internal Revenue Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. Currently, the IRS is soliciting comments concerning Form 13768, Electronic Tax Administration Advisory Committee Membership Application. SUMMARY: E:\FR\FM\01NON1.SGM 01NON1

Agencies

[Federal Register Volume 83, Number 212 (Thursday, November 1, 2018)]
[Notices]
[Pages 54975-54977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23881]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0175]


Hours of Service of Drivers: American Concrete Pumping 
Association (ACPA); Application for Exemption

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

[[Page 54976]]


ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to grant the American Concrete 
Pumping Association (ACPA) request for exemption from the requirement 
that short-haul drivers utilizing the records of duty status (RODS) 
exception return to their normal work-reporting location within 12 
hours of coming on duty. The exemption enables all concrete pump 
operators, concrete pumping companies, and drivers who operate concrete 
pumps to use the short-haul exception but return to their work-
reporting location within 14 hours instead of the usual 12 hours. 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 November 1, 2018 and expires October 
31, 2023.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, please contact Ms. Pearlie Robinson, FMCSA Driver and Carrier 
Operations Division; Telephone: (202) 366-4225; Email: [email protected]. 
If you have questions on viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

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-2018-0175 in the ``Keyword'' box and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document to 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 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)) exemption may be renewed 
(49 CFR 381.300(b)).

III. Request for Exemption

    ACPA seeks an exemption from the restriction of the RODS exception 
for short-haul drivers who return to their normal work reporting 
location and are released from work within 12 hours [49 CFR 
395.1(e)(1)(ii)(A)]. Specifically, ACPA requests that concrete pump 
operators be treated the same as drivers operating ready-mixed concrete 
delivery vehicles as provided in 49 CFR 395.1(e)(1)(ii)(B). Section 
395.1(e)(1)(ii)(B) allows drivers of ready-mixed concrete delivery 
vehicles to rely on the short-haul exception provided they return to 
their work-reporting locations and are released from work within 14 
consecutive hours. The requested exemption would apply industry-wide to 
all concrete pump operators, concrete pumping companies, and drivers 
who deliver, set-up, and operate concrete pumps across the United 
States.
    ACPA currently represents more than 600 member companies employing 
over 7,000 workers nationwide. The exemption would be applied to all 
interstate concrete pumper trucks and their operators. Although many of 
the trucks operate intrastate and would therefore not be covered by an 
FMCSA exemption, an unknown number of the pumping trucks are operated 
in metropolitan areas and do routinely cross State lines.\1\
---------------------------------------------------------------------------

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

    ACPA explained that, like ready-mixed concrete delivery trucks and 
asphalt pavement delivery trucks, concrete pumps work with a perishable 
product delivered on a just-in-time basis. Timing and scheduling are 
critical to ensure a high-quality result. Allowing concrete pump 
drivers to use the short-haul exception, but return to their reporting 
location within 14 hours instead of 12 hours, would harmonize the 
hours-of-service rules for drivers of concrete pumps with the rules for 
drivers of the vehicles that supply the concrete.
    ACPA explained that only a small percentage of the concrete pump 
operator's time is spent driving. On average, concrete pump operators 
spend between 25-32% of their time driving during a shift, and average 
daily driving distances are 20-25 miles. A pump operator has plenty of 
rest time with breaks ranging from 33%-55% of their total time pumping. 
The majority of an operator's time is spent waiting on ready-mixed 
concrete for them to pump.
    ACPA further explained that a concrete pump cannot operate without 
concrete supplied by a ready-mixed truck. Having conflicting 
requirements creates confusion on job sites. Clear and consistent 
requirements between the concrete pumps and the ready-mixed trucks will 
help ensure an equivalent level of safety on the job site. ACPA adds 
that concrete pumping and placement companies work in collaboration 
with ready-mixed companies. Scheduling local business contracts in 
compliance with State and Federal regulations is complicated, given 
that some concrete companies operate under different FMCSA rules.
    ACPA asserts that the concrete pumping industry has a solid safety 
record. Break periods, spent waiting for the ready-mixed truck 
deliveries, provide opportunity for concrete pump operators to rest and 
relax. The ACPA Operator Certification Program ensures, encourages, and 
educates the concrete pump operators on safe concrete pumping and 
placement procedures. These safety practices allow concrete operators 
to maintain their safety record through careful training and well-
developed safety guidelines. Because of the concrete pump operators' 
training and preparation and numerous rest breaks, providing the 
additional 2 duty hours to concrete pump operators will have no impact 
on the level of safety provided under the short-haul exception. The 
requested exemption is for 5 years. A copy of the ACPA's

[[Page 54977]]

application for exemption is available for review in the docket for 
this notice.

IV. Public Comments

    On June 21, 2018, FMCSA published notice of this application and 
requested public comment (83 FR 28898). The Agency received four 
comments. One individual and the National Ready Mixed Concrete 
Association (NRMCA) filed comments in support of the proposed 
exemption. The Advocates for Highway and Auto Safety (Advocates) and 
the Alliance for Driver Safety & Security (Trucking Alliance) filed 
joint comments in opposition to the proposed exemption.
    NRMCA wrote, ``As outlined in ACPA's request, due to the nature of 
concrete pump operators' schedules and inherent work practices that are 
closely aligned with the ready mixed concrete industry, NRMCA agrees 
that increasing the return to work-reporting location threshold from 12 
to 14 hours would not diminish safety on our nation's roadways and 
ready mixed concrete construction sites.''
    Mr. Jake Ford stated, ``I feel the FMCSA should look into expanding 
the 12-hour short-haul exemption to 14 hours to more than just Concrete 
Pumps. I work in the oilfield industry as a DOT/Fleet/Compliance 
Manager. Just like the concrete pump operators my drivers drive very 
little and spend 85% of their time on an oilfield service location 
operating equipment.''
    ``The Advocates and the Trucking Alliance oppose the ACPA 
Application for exemption on the grounds that the Application fails to 
meet the statutory and regulatory requirements of applications for 
exemption. The Application is defective in several respects since it 
does not justify the need for the exemption, does not access the safety 
impacts of the exemption, and does not explain or document how an 
equivalent level of safety would be achieved. All of which are 
statutory requirements of a valid exemption application.''

V. FMCSA Decision

    FMCSA has evaluated ACPA's application and the public comments and 
decided to grant the exemption. The Agency believes that the exempted 
concrete pump drivers will likely achieve a level of safety that is 
equivalent to or greater than, the level of safety achieved without the 
exemption [49 CFR 381.305(a)]. The Agency granted similar exemptions to 
the National Asphalt Paving Association [January 26, 2018, (83 FR 
3864)], and the Motion Picture Association of America [January 19, 
2018, (83 FR 2869)]. In each of these situations, the driver spends 
relatively little time driving and is off duty for substantial periods 
of time during the day, making cumulative fatigue unlikely. In any 
case, a 14-hour driving window has been allowed for most drivers since 
early 2004, with no evidence of adverse effects. There is no reason to 
believe that the experience of drivers of concrete pump vehicles will 
be different.

VI. Terms and Conditions for the Exemption

    (1) Drivers must return to the work reporting location and be 
released from work within 14 consecutive hours of coming on duty.
    (2) Drivers must have a copy of this exemption document in their 
possession while operating under the terms of the exemption. The 
exemption document must be presented to law enforcement officials upon 
request.
    (3) All motor carriers operating under this exemption must have a 
``Satisfactory'' safety rating with FMCSA, or be ``unrated.'' Motor 
carriers with ``Conditional'' or ``Unsatisfactory'' FMCSA safety 
ratings are prohibited from using this exemption.

Extent of the Exemption

    This exemption is limited to the provisions of 49 CFR 
395.1(e)(1)(ii)(A). These drivers must comply will all other applicable 
provisions of the FMCSRs.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.

Notification to FMCSA

    Any motor carrier utilizing this exemption must notify FMCSA within 
5 business days of any accident (as defined in 49 CFR 390.5), involving 
any of the motor carrier's CMVs operating under the terms of this 
exemption. The notification must include the following information:
    (a) Identity of the exemption: ``ACPA''
    (b) Name of operating motor carrier and USDOT number,
    (c) Date of the accident,
    (d) City or town, and State, in which the accident occurred, or 
closest to the accident scene,
    (e) Driver's name and license number and State of issuance
    (f) Vehicle number and State license plate number,
    (g) Number of individuals suffering physical injury,
    (h) Number of fatalities,
    (i) The police-reported cause of the accident,
    (j) Whether the driver was cited for violation of any traffic laws 
or motor carrier safety regulations, and
    (k) The driver's total driving time and total on-duty time period 
prior to the accident.
    Reports filed under this provision shall be emailed to 
[email protected]

Termination

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

    Issued on: October 25, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-23881 Filed 10-31-18; 8:45 am]
 BILLING CODE 4910-EX-P
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