Hours of Service of Drivers: Specialized Carriers & Rigging Association (SC&RA); Application for Exemption, 60948-60950 [2018-25820]

Download as PDF amozie on DSK3GDR082PROD with NOTICES1 60948 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices the status of active interventions or investigations; results of closed interventions or investigations; interactions with State versus Federal agencies; intervention activities experienced; the accuracy of violations leading to interventions; actions taken in response to interventions; changes in carrier vehicle maintenance practices as a result of an intervention; significant benefits of interventions; and ways the intervention process could be improved. Information provided by the IE Group will address the portion of Objective 2 regarding sufficiency of regulations and where interventions need to be improved to facilitate complying with these regulations. Survey responses will be summarized and reported using plots, tables, content analysis, and calculated summary statistics. Plots and tables will provide a visual comparison of multiple choice and checkbox survey responses for successful carriers (i.e., carriers in the RP Group) and those receiving interventions in the last 24 months (i.e., carriers in the IE Group). These methods will also allow researchers to summarize responses by carrier operation type (i.e., truck or bus) and size. Bar charts will be used to plot responses to many survey questions. Some survey responses may be summarized with tables with rows for each of the carrier operation types (truck or bus) and each carrier-size subgroup. To explore and summarize responses to open-ended survey questions, researchers will use content analysis methods. An illustration of an openended question in the survey is ‘‘List examples of critical safety-related maintenance activities for trailer vehicle milestones.’’ The goal of content analysis of open-ended questions will be to identify common answers. The results of this information collection will be documented in a technical report to be delivered to and published by FMCSA. In addition, the results will be used to create a ‘‘recommended best practices’’ report that will outline minimum standards for inspection intervals, mechanic qualifications and training, and certification of maintenance facilities. Finally, VTTI is required under the contract with FMCSA to compile and analyze the collected information and develop a public-use data set. This ICR is for a one-time data collection. If this data collection does not take place, the truck and bus industry will continue to operate with the uncertainty of what constitutes a ‘‘systematic maintenance’’ program, as currently worded in section 396.3(a). This term’s ambiguous definition makes VerDate Sep<11>2014 17:45 Nov 26, 2018 Jkt 247001 it difficult for Federal and State inspectors to evaluate the effectiveness of a carrier’s maintenance program or its compliance with this provision. Furthermore, this uncertainty may make it difficult for carriers to ascertain and therefore comply with the regulation’s intent. On July 16, 2018, FMCSA published a 60-day Federal Register notice (83 FR 32950). The Agency received four comments. One anonymous comment was unrelated to the ICR. Both the American Bus Association and the American Trucking Associations voiced support for the ICR in their comment letters. The National School Transportation Association also voiced support for the ICR, but it requested that the survey instrument include questions to identify the type of commercial motor vehicles operated by the respondent. In response, the Agency reviewed and revised three survey questions to better differentiate between various types of passenger-carrying CMVs. Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for FMCSA to perform its functions; (2) the accuracy of the estimated burden; (3) ways for FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. Issued under the authority delegated in 49 CFR 1.87 on: November 20, 2018. G. Kelly Regal, Associate Administrator for Office of Research and Information Technology. [FR Doc. 2018–25839 Filed 11–26–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2016–0096] Hours of Service of Drivers: Specialized Carriers & Rigging Association (SC&RA); Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemption; request for comments. AGENCY: FMCSA announces its decision to renew the Specialized Carriers & Rigging Association’s (SC&RA) exemption from the 30-minute rest break rule of the Agency’s hours-ofservice (HOS) regulations for certain SUMMARY: PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 commercial motor vehicle (CMV) drivers. SC&RA currently holds an exemption valid through November 1, 2018. The exemption renewal is for five years. All qualifying motor carriers and drivers operating mobile cranes with a rated lifting capacity of greater than 30 tons are exempt from the 30-minute break provision. DATES: The renewed exemption is effective through November 1, 2023. Comments must be received on or before December 27, 2018. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– 2016–0096 by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building, Ground Floor, Room W12– 140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The on-line FDMS is available 24 hours each day, 365 days each year. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, 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 E:\FR\FM\27NON1.SGM 27NON1 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. amozie on DSK3GDR082PROD with NOTICES1 Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2016–0096), indicate the specific section of this document to which the comment applies, and provide a reason for suggestions or recommendations. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to www.regulations.gov and put the docket number, ‘‘FMCSA–2016–0096’’ in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. 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 VerDate Sep<11>2014 17:45 Nov 26, 2018 Jkt 247001 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)). III. Background On December 27, 2011 (76 FR 81133), FMCSA published a final rule amending its HOS regulations for drivers of property-carrying CMVs. The rule requires most drivers to take a rest break during the workday. Generally, if 8 hours have passed since the end of the driver’s last off-duty or sleeper-berth period of at least 30 minutes, the driver may not operate a CMV until he or she takes at least 30 minutes off duty (49 CFR 395.3(a)(3)(ii)). FMCSA did not specify when drivers must take the 30minute break. IV. Request for Exemption Renewal The SC&RA’s initial application for exemption from the provisions of the 30-minute break rule was submitted in 2014; a copy of that application is in the docket identified at the beginning of this notice. The 2014 application describes fully the nature of SC&RA’s operations and CMV drivers. The exemption, limited to drivers of oversize/ overweight (OW/OW) vehicles, was granted on June 18, 2015 (80 FR 34957) and extended to June 17, 2020 (see 81 FR 79556, November 14, 2016). SC&RA subsequently requested an exemption from the 30-minute rest break and the 14-hour driving window for drivers of cranes with a lifting capacity of more than 30 tones. FMCSA granted an exemption from the 30minute rule, but not from the 14-hour rule, on November 1, 2016 (81 FR 75727). SC&RA requested a renewal of that exemption. The 2016 exemption excuses drivers operating mobile cranes with a rated lifting capacity of greater than 30 tons from the requirement to take a 30minute break. SC&RA advises that there are approximately 85,000 trained and certified mobile crane operators in the United States, and, of these, approximately 65,000 operate cranes with a lifting capacity over 30 tons. While some of these cranes require an OS/OW permit, others do not. The 2016 exemption is therefore more inclusive than the 2015 exemption (now extended to 2020). SC&RA states that the HOS rules create complications because it is PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 60949 difficult to find suitable parking when crane drivers are required to go off duty. SC&RA cites data indicating that there is a shortage of parking places for CMVs in the United States and notes ongoing Federal and State efforts to address this problem. Parking for cranes is even more limited because of their size. SC&RA asserts that these two HOS rules often require crane drivers to stop operating a CMV to avoid violating their provisions. The result is that cranes are often parked on the shoulder of public roads. SC&RA states the width of some cranes means they cannot be parked entirely off the travel lanes, creating a safety hazard for their own drivers and others. SC&RA describes the unpredictable nature of the typical workday of a crane operator. It lists a variety of variables that can complicate the scheduling of operations, including delays waiting for the item to be lifted to arrive at the work site or to be rigged for lifting. Unexpected inclement weather can also trigger delays. SC&RA asserts that the primary result is that the workday may be extended unexpectedly. Thus, timing a crane’s movement from the worksite and onto public roads at the end of the day is highly problematic. It notes that State and local restrictions limit the hours of the day, and sometimes the days of the week, that cranes may move on public roads. In addition, the movement of cranes may require a pilot car, the display of signs and lights, and even a police escort. Cranes normally move much slower than the posted speed limit, and are highly susceptible to weather and traffic conditions. SC&RA does not foresee any negative impact to safety from the requested exemption. It believes that continuing the exemption would have a favorable impact on overall safety by reducing the frequency of cranes being parked along public roads. It points out that its members generally drive a crane less than 2 hours a day and have low crash rates. FMCSA has not received any reports of accidents attributable to the 30minute exemption and has concluded that a renewal of the exemption, subject to the terms and conditions imposed, will achieve a level of safety that is equivalent to, or graer than, the level that would be achieved absent such exemption. It should also be noted that this renewed exemption is broader in scope than the original 2015 exemption (now extended to 2020) because it covers, not just cranes required to have an OS/OW permit, but all cranes with a lifting capacity over 30 tons. As a result, the 2015 exemption may have been largely, E:\FR\FM\27NON1.SGM 27NON1 60950 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices if not entirely, superseded by this exemption. The 2015 exemption (extended to 2020) remains in place, but will expire by its own terms in 2020, while this renewed exemption will remain in effect until November 1, 2023. Terms of the Exemption 1. All motor carriers and drivers operating mobile cranes with a rated lifting capacity of greater than 30 tons are exempt from the 30-minute break requirement of 49 CFR 395.3(a)(3)(ii). The lifting capacity of the crane must be displayed on a manufacturer’s certification plate on the crane or in manufacturer’s documentation carried on the vehicle. 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. Motor carriers operating under this exemption must have a ‘‘Satisfactory’’ safety rating with FMCSA, or be ‘‘Unrated.’’ Motor carriers with ‘‘Conditional’’ or ‘‘Unsatisfactory’’ FMCSA safety ratings are prohibited from using this exemption. Period of the Exemption This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is effective November 1, 2018 through November 1, 2023, 11:59 p.m. local time. Extent of the Exemption This exemption is limited to the provisions of 49 CFR 395.3(a)(3)(ii). These motor carriers and drivers must comply with all other applicable provisions of the FMCSRs. In accordance with 49 U.S.C. 31315(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. amozie on DSK3GDR082PROD with NOTICES1 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 CMV drivers operating under the terms of this exemption. The notification must include the following information: 17:45 Nov 26, 2018 Jkt 247001 Termination FMCSA does not believe the drivers covered by this exemption will experience any deterioration of their safety record. Interested parties or organizations possessing information that would otherwise show that any or all of these motor carriers are not achieving the requisite statutory level of safety should immediately notify FMCSA. The Agency will evaluate any information submitted and, if safety is being compromised or if the continuation of the exemption is inconsistent with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA will immediately take steps to revoke the exemption of the company or companies and drivers in question. Issued on: November 14, 2018. Raymond P. Martinez, Administrator. Preemption VerDate Sep<11>2014 a. Name of Exemption: ‘‘SC&RA cranes’’, 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 prior to the accident. Reports filed under this provision shall be emailed to MCPSD@DOT.GOV. [FR Doc. 2018–25820 Filed 11–26–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0196] 30-Day Notice of Proposed Information Collection: Pilot Program To Allow 18to 21-Year-Old Persons With Military Driving Experience To Operate Commercial Motor Vehicles (CMVs) in Interstate Commerce Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice and request for comments. AGENCY: PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. Pursuant to Section 5404 of the Fixing America’s Surface Transportation Act, 2015 (FAST Act), FMCSA proposes a 3-year period of information collection to determine: (1) Whether the safety outcomes (to include crashes, moving violations, inspection violations, and safety critical events as available) of drivers under the age of 21 with military experience in the operation of heavy vehicles (i.e., ‘‘covered drivers’’) participating in interstate commerce are similar to the safety outcomes of CMV drivers between the ages of 21 and 24 (i.e., drivers aged 21, 22, 23, or 24) operating freight-carrying CMVs, and (2) how training and experience impact the safety of the 18- to 20-year-old driving population. FMCSA proposed this pilot program and solicited public comment on August 22, 2016. Two Federal Register notices were published on July 6, 2018. One notice requested comments on this proposed information collection request (83 FR 31631) and the other announced programmatic details for participating in the pilot program and responded to comments received on the initial proposal for the pilot program (83 FR 31633). The comment period was open for 60-days and closed on September 4, 2018. In response to the notice, FMCSA received 37 comments. DATES: Please send your comments by December 28, 2018. OMB must receive your comments by this date in order to act quickly on the ICR. ADDRESSES: All comments should reference Federal Docket Management System (FDMS) Docket Number FMCSA–2017–0196. Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Department of Transportation/Federal Motor Carrier Safety Administration, and sent via electronic mail to oira_submission@ omb.eop.gov, or faxed to (202) 395– 6974, or mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Nicole Michel, Research Division, Federal Motor Carrier Safety Administration, 1200 New Jersey SUMMARY: E:\FR\FM\27NON1.SGM 27NON1

Agencies

[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60948-60950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25820]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0096]


Hours of Service of Drivers: Specialized Carriers & Rigging 
Association (SC&RA); Application for Exemption

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

ACTION: Notice of renewal of exemption; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the Specialized Carriers 
& Rigging Association's (SC&RA) exemption from the 30-minute rest break 
rule of the Agency's hours-of-service (HOS) regulations for certain 
commercial motor vehicle (CMV) drivers. SC&RA currently holds an 
exemption valid through November 1, 2018. The exemption renewal is for 
five years. All qualifying motor carriers and drivers operating mobile 
cranes with a rated lifting capacity of greater than 30 tons are exempt 
from the 30-minute break provision.

DATES: The renewed exemption is effective through November 1, 2023. 
Comments must be received on or before December 27, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2016-0096 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line FDMS is available 24 hours each 
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Ms. Pearlie Robinson, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: 202-366-4225. Email: [email protected]. If you have 
questions on viewing or submitting

[[Page 60949]]

material to the docket, contact Docket Services, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2016-0096), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2016-0096'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope.

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 and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

III. Background

    On December 27, 2011 (76 FR 81133), FMCSA published a final rule 
amending its HOS regulations for drivers of property-carrying CMVs. The 
rule requires most drivers to take a rest break during the workday. 
Generally, if 8 hours have passed since the end of the driver's last 
off-duty or sleeper-berth period of at least 30 minutes, the driver may 
not operate a CMV until he or she takes at least 30 minutes off duty 
(49 CFR 395.3(a)(3)(ii)). FMCSA did not specify when drivers must take 
the 30-minute break.

IV. Request for Exemption Renewal

    The SC&RA's initial application for exemption from the provisions 
of the 30-minute break rule was submitted in 2014; a copy of that 
application is in the docket identified at the beginning of this 
notice. The 2014 application describes fully the nature of SC&RA's 
operations and CMV drivers. The exemption, limited to drivers of 
oversize/overweight (OW/OW) vehicles, was granted on June 18, 2015 (80 
FR 34957) and extended to June 17, 2020 (see 81 FR 79556, November 14, 
2016).
    SC&RA subsequently requested an exemption from the 30-minute rest 
break and the 14-hour driving window for drivers of cranes with a 
lifting capacity of more than 30 tones. FMCSA granted an exemption from 
the 30-minute rule, but not from the 14-hour rule, on November 1, 2016 
(81 FR 75727). SC&RA requested a renewal of that exemption.
    The 2016 exemption excuses drivers operating mobile cranes with a 
rated lifting capacity of greater than 30 tons from the requirement to 
take a 30-minute break. SC&RA advises that there are approximately 
85,000 trained and certified mobile crane operators in the United 
States, and, of these, approximately 65,000 operate cranes with a 
lifting capacity over 30 tons. While some of these cranes require an 
OS/OW permit, others do not. The 2016 exemption is therefore more 
inclusive than the 2015 exemption (now extended to 2020). SC&RA states 
that the HOS rules create complications because it is difficult to find 
suitable parking when crane drivers are required to go off duty. SC&RA 
cites data indicating that there is a shortage of parking places for 
CMVs in the United States and notes ongoing Federal and State efforts 
to address this problem. Parking for cranes is even more limited 
because of their size. SC&RA asserts that these two HOS rules often 
require crane drivers to stop operating a CMV to avoid violating their 
provisions. The result is that cranes are often parked on the shoulder 
of public roads. SC&RA states the width of some cranes means they 
cannot be parked entirely off the travel lanes, creating a safety 
hazard for their own drivers and others.
    SC&RA describes the unpredictable nature of the typical workday of 
a crane operator. It lists a variety of variables that can complicate 
the scheduling of operations, including delays waiting for the item to 
be lifted to arrive at the work site or to be rigged for lifting. 
Unexpected inclement weather can also trigger delays. SC&RA asserts 
that the primary result is that the workday may be extended 
unexpectedly. Thus, timing a crane's movement from the worksite and 
onto public roads at the end of the day is highly problematic. It notes 
that State and local restrictions limit the hours of the day, and 
sometimes the days of the week, that cranes may move on public roads. 
In addition, the movement of cranes may require a pilot car, the 
display of signs and lights, and even a police escort. Cranes normally 
move much slower than the posted speed limit, and are highly 
susceptible to weather and traffic conditions.
    SC&RA does not foresee any negative impact to safety from the 
requested exemption. It believes that continuing the exemption would 
have a favorable impact on overall safety by reducing the frequency of 
cranes being parked along public roads. It points out that its members 
generally drive a crane less than 2 hours a day and have low crash 
rates.
    FMCSA has not received any reports of accidents attributable to the 
30-minute exemption and has concluded that a renewal of the exemption, 
subject to the terms and conditions imposed, will achieve a level of 
safety that is equivalent to, or graer than, the level that would be 
achieved absent such exemption.
    It should also be noted that this renewed exemption is broader in 
scope than the original 2015 exemption (now extended to 2020) because 
it covers, not just cranes required to have an OS/OW permit, but all 
cranes with a lifting capacity over 30 tons. As a result, the 2015 
exemption may have been largely,

[[Page 60950]]

if not entirely, superseded by this exemption. The 2015 exemption 
(extended to 2020) remains in place, but will expire by its own terms 
in 2020, while this renewed exemption will remain in effect until 
November 1, 2023.

Terms of the Exemption

    1. All motor carriers and drivers operating mobile cranes with a 
rated lifting capacity of greater than 30 tons are exempt from the 30-
minute break requirement of 49 CFR 395.3(a)(3)(ii). The lifting 
capacity of the crane must be displayed on a manufacturer's 
certification plate on the crane or in manufacturer's documentation 
carried on the vehicle.
    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. Motor carriers operating under this exemption must have a 
``Satisfactory'' safety rating with FMCSA, or be ``Unrated.'' Motor 
carriers with ``Conditional'' or ``Unsatisfactory'' FMCSA safety 
ratings are prohibited from using this exemption.

Period of the Exemption

    This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is 
effective November 1, 2018 through November 1, 2023, 11:59 p.m. local 
time.

Extent of the Exemption

    This exemption is limited to the provisions of 49 CFR 
395.3(a)(3)(ii). These motor carriers and drivers must comply with all 
other applicable provisions of the FMCSRs.

Preemption

    In accordance with 49 U.S.C. 31315(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 CMV drivers operating under the terms of 
this exemption. The notification must include the following 
information:
    a. Name of Exemption: ``SC&RA cranes'',
    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 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.
    Interested parties or organizations possessing information that 
would otherwise show that any or all of these motor carriers are not 
achieving the requisite statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any information submitted and, 
if safety is being compromised or if the continuation of the exemption 
is inconsistent with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA will 
immediately take steps to revoke the exemption of the company or 
companies and drivers in question.

    Issued on: November 14, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-25820 Filed 11-26-18; 8:45 am]
 BILLING CODE 4910-EX-P