Washington Meal and Rest Break Rules for Commercial Motor Vehicle Drivers; Petition for Determination of Preemption, 54266-54267 [2019-22061]
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54266
Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Notices
DEPARTMENT OF TRANSPORTATION
Each submission must include the
Agency name and the docket number for
this notice. Note that DOT posts all
comments received without change to
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
FOR FURTHER INFORMATION CONTACT:
Tracy M. White, Enforcement and
Litigation Division; FMCSA Office of
Chief Counsel; Telephone: (202) 493–
0349; email: Tracy.White@dot.gov. If
you have questions on viewing or
submitting material to the docket,
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Federal Motor Carrier Safety
Administration
I. Public Participation and Request for
Comments
[Docket No. FMCSA–2019–0128]
FMCSA encourages you to participate
by submitting comments and related
materials.
Evaluations will be based on the
materials submitted by the prospective
candidates and will include
consideration for membership balancing
to ensure each of the above stakeholder
groups has adequate representation.
Issued in Washington, DC, on September
30, 2019.
Angela Anderson,
Senior Advisor, Office of the Assistant
Administrator for Human Resource
Management, Federal Aviation
Administration.
[FR Doc. 2019–21961 Filed 10–8–19; 8:45 am]
BILLING CODE 4910–13–P
Washington Meal and Rest Break
Rules for Commercial Motor Vehicle
Drivers; Petition for Determination of
Preemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of petition for
determination of preemption; request
for comments.
AGENCY:
FMCSA requests comments
on a petition submitted by the
Washington Trucking Associations, Inc.
(WTA) requesting a determination that
the State of Washington’s Meal and Rest
Break Rules (MRB rules), as applied to
drivers of commercial motor vehicles
(CMVs) subject to FMCSA’s hours of
service (HOS) regulations, are
preempted by Federal law. FMCSA
requests comments in response to this
petition.
SUMMARY:
Comments must be received on
or before November 8, 2019.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Number
FMCSA–2019–0128 by any of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov. See the Public
Participation and Request for Comments
section below for further information.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
between 9 a.m. and 5 p.m. E.T., Monday
through Friday, except Federal holidays.
• Fax: 1–202–493–2251.
khammond on DSKJM1Z7X2PROD with NOTICES
DATES:
VerDate Sep<11>2014
17:13 Oct 08, 2019
Jkt 250001
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2019–0128), 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 materials 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–2019–0128’’ in the
‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click on
the ‘‘Comment Now!’’ button and type
your comment into the text box in the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov at
any time or visit Room W12–140 on the
ground level of the West Building, 1200
PO 00000
Frm 00165
Fmt 4703
Sfmt 4703
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays. The online FDMS is available
24 hours each day, 365 days each year.
Privacy Act: DOT solicits comments
from the public to better inform its
preemption determinations. 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.transportation.gov/privacy.
SUPPLEMENTARY INFORMATION:
Background
On December 21, 2018, FMCSA
granted petitions filed by the American
Trucking Associations, Inc. and the
Specialized Carriers and Rigging
Association, and determined that
California’s meal and rest break rules, as
applied to property-carrying CMV
drivers subject to FMCSA’s HOS
regulations, are preempted under 49
U.S.C. 31141. (Docket No. FMCSA–
2018–0304; 83 FR 67470 (December 28,
2018)). On April 8, 2019, the WTA
submitted a petition to FMCSA seeking
a determination that Washington’s MRB
rules are also preempted under 49
U.S.C. 31141.
The WTA’s petition states that
Washington law requires employers to
provide employees with a meal period
of at least 30 minutes for every 5-hour
work period and a 10-minute break for
every 4-hour work period. See Petition
at 2 (citing Wash. Admin. Code (WAC)
296–126–092). In addition, the petition
states that while ‘‘employees may not
waive their right to a rest period at all,’’
employees may waive their right to a
meal break. Id. (citations omitted).
However, the WTA contends that ‘‘a
missed [meal] break creates the
presumption of a violation, with the
burden on the employer to prove waiver
as an affirmative defense.’’ Id. (citations
omitted). In its petition, the WTA
explains that ‘‘Washington’s rules
contemplate a paid, on-duty 30-minute
meal break when the employee is
required by the employer to remain on
duty on the premises.’’ However, ‘‘even
if the 30-minute break is paid pursuant
to that provision,’’ the WTA argues that
employers remain obligated to ‘‘make
every effort to provide employees with
an uninterrupted meal period’’ and to
‘‘continue the meal period until the
employee has received 30 minutes total
of mealtime.’’ Id. at 2–3.
In its petition, the WTA alleges that
similar to California’s requirements, the
Washington MRB rules are ‘‘regulations
on commercial motor vehicle safety
E:\FR\FM\09OCN1.SGM
09OCN1
Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Notices
within the meaning of [49 U.S.C.
31141]’’ and that they are ‘‘additional to
or more stringent than FMCSA’s rules.’’
Petition at 4–5. Additionally, the
petition states that the Washington MRB
rules have no safety benefit beyond
those provided by FMCSA’s rules, are
incompatible with the Federal HOS
regulations, and impose an
unreasonable burden on interstate
commerce. Id. at 5–7. The petition
states, ‘‘Given the similarity between
Washington and California meal and
rest break rules, the Agency’s analysis of
California’s rules in its recent
preemption order applies equally to
Washington’s.’’ Id. at 4.
khammond on DSKJM1Z7X2PROD with NOTICES
Applicable Law
Section 31141 of title 49, United
States Code, prohibits States from
enforcing a law or regulation on CMV
safety that the Secretary of
Transportation (Secretary) has
determined to be preempted. To
determine whether a State law or
regulation is preempted, the Secretary
must decide whether a State law or
regulation: (1) Has the same effect as a
regulation prescribed under 49 U.S.C.
31136, which is the authority for much
of the Federal Motor Carrier Safety
Regulations; (2) is less stringent than
such a regulation; or (3) is additional to
or more stringent than such a regulation
49 U.S.C. 31141(c)(1).
If the Secretary decides that a State
law or regulation has the same effect as
a regulation prescribed under 49 U.S.C.
31136, the State law or regulation may
be enforced. 49 U.S.C. 31141(c)(2). If the
Secretary decides that a State law or
regulation is less stringent than a
regulation prescribed under 49 U.S.C.
31136, the State law or regulation may
not be enforced. Id. § 31141(c)(3). If the
Secretary decides that a State law or
regulation is additional to or more
stringent than a regulation prescribed by
the Secretary under 49 U.S.C. 31136, the
State law or regulation may be enforced
unless the Secretary decides that the
State law or regulation (1) has no safety
benefit; (2) is incompatible with the
regulation prescribed by the Secretary;
or (3) would cause an unreasonable
burden on interstate commerce. Id.
§ 31141(c)(4). In deciding whether a
State law or regulation will cause an
unreasonable burden on interstate
commerce, the Secretary may consider
the cumulative effect that the State’s law
or regulation and all similar laws and
regulations of other States will have on
interstate commerce. Id. § 31141(c)(5).
The Secretary’s authority under 49
U.S.C. 31141 is delegated to the FMCSA
Administrator by 49 CFR 1.87(f).
VerDate Sep<11>2014
17:13 Oct 08, 2019
Jkt 250001
Request for Comments
Although preemption under 49 U.S.C.
31141 is a legal determination reserved
to the judgment of the Agency, FMCSA
seeks comments on any issues raised in
the WTA’s petition or otherwise
relevant. The Agency has placed the
petition in the docket.
Issued on: September 27, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019–22061 Filed 10–8–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0342]
Hours of Service of Drivers: American
Concrete Pumping Association
(ACPA); 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 American
Concrete Pumping Association (ACPA)
exemption from the 30-minute rest
break requirement in the Agency’s
hours-of-service (HOS) regulations for
commercial motor vehicle (CMV)
drivers. The exemption enables all
concrete pump operators, concrete
pumping companies, and drivers who
operate concrete pumps in interstate
commerce to count on-duty time while
attending equipment but performing no
other work-related activity toward the
30-minute rest break provision of the
HOS regulations. 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: The renewed exemption is
effective October 9, 2019 and will expire
October 9, 2024. Comments must be
received November 8, 2019.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Number FMCSA–
2016–0342 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,
SUMMARY:
PO 00000
Frm 00166
Fmt 4703
Sfmt 4703
54267
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
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–2016–0342) 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
E:\FR\FM\09OCN1.SGM
09OCN1
Agencies
[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Notices]
[Pages 54266-54267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22061]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0128]
Washington Meal and Rest Break Rules for Commercial Motor Vehicle
Drivers; Petition for Determination of Preemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of petition for determination of preemption; request for
comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA requests comments on a petition submitted by the
Washington Trucking Associations, Inc. (WTA) requesting a determination
that the State of Washington's Meal and Rest Break Rules (MRB rules),
as applied to drivers of commercial motor vehicles (CMVs) subject to
FMCSA's hours of service (HOS) regulations, are preempted by Federal
law. FMCSA requests comments in response to this petition.
DATES: Comments must be received on or before November 8, 2019.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2019-0128 by any of the following
methods:
Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
FOR FURTHER INFORMATION CONTACT: Tracy M. White, Enforcement and
Litigation Division; FMCSA Office of Chief Counsel; Telephone: (202)
493-0349; 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 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-2019-0128), 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
materials 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-2019-0128'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The online FDMS is available 24 hours each
day, 365 days each year.
Privacy Act: DOT solicits comments from the public to better inform
its preemption determinations. 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.transportation.gov/privacy.
SUPPLEMENTARY INFORMATION:
Background
On December 21, 2018, FMCSA granted petitions filed by the American
Trucking Associations, Inc. and the Specialized Carriers and Rigging
Association, and determined that California's meal and rest break
rules, as applied to property-carrying CMV drivers subject to FMCSA's
HOS regulations, are preempted under 49 U.S.C. 31141. (Docket No.
FMCSA-2018-0304; 83 FR 67470 (December 28, 2018)). On April 8, 2019,
the WTA submitted a petition to FMCSA seeking a determination that
Washington's MRB rules are also preempted under 49 U.S.C. 31141.
The WTA's petition states that Washington law requires employers to
provide employees with a meal period of at least 30 minutes for every
5-hour work period and a 10-minute break for every 4-hour work period.
See Petition at 2 (citing Wash. Admin. Code (WAC) 296-126-092). In
addition, the petition states that while ``employees may not waive
their right to a rest period at all,'' employees may waive their right
to a meal break. Id. (citations omitted). However, the WTA contends
that ``a missed [meal] break creates the presumption of a violation,
with the burden on the employer to prove waiver as an affirmative
defense.'' Id. (citations omitted). In its petition, the WTA explains
that ``Washington's rules contemplate a paid, on-duty 30-minute meal
break when the employee is required by the employer to remain on duty
on the premises.'' However, ``even if the 30-minute break is paid
pursuant to that provision,'' the WTA argues that employers remain
obligated to ``make every effort to provide employees with an
uninterrupted meal period'' and to ``continue the meal period until the
employee has received 30 minutes total of mealtime.'' Id. at 2-3.
In its petition, the WTA alleges that similar to California's
requirements, the Washington MRB rules are ``regulations on commercial
motor vehicle safety
[[Page 54267]]
within the meaning of [49 U.S.C. 31141]'' and that they are
``additional to or more stringent than FMCSA's rules.'' Petition at 4-
5. Additionally, the petition states that the Washington MRB rules have
no safety benefit beyond those provided by FMCSA's rules, are
incompatible with the Federal HOS regulations, and impose an
unreasonable burden on interstate commerce. Id. at 5-7. The petition
states, ``Given the similarity between Washington and California meal
and rest break rules, the Agency's analysis of California's rules in
its recent preemption order applies equally to Washington's.'' Id. at
4.
Applicable Law
Section 31141 of title 49, United States Code, prohibits States
from enforcing a law or regulation on CMV safety that the Secretary of
Transportation (Secretary) has determined to be preempted. To determine
whether a State law or regulation is preempted, the Secretary must
decide whether a State law or regulation: (1) Has the same effect as a
regulation prescribed under 49 U.S.C. 31136, which is the authority for
much of the Federal Motor Carrier Safety Regulations; (2) is less
stringent than such a regulation; or (3) is additional to or more
stringent than such a regulation 49 U.S.C. 31141(c)(1).
If the Secretary decides that a State law or regulation has the
same effect as a regulation prescribed under 49 U.S.C. 31136, the State
law or regulation may be enforced. 49 U.S.C. 31141(c)(2). If the
Secretary decides that a State law or regulation is less stringent than
a regulation prescribed under 49 U.S.C. 31136, the State law or
regulation may not be enforced. Id. Sec. 31141(c)(3). If the Secretary
decides that a State law or regulation is additional to or more
stringent than a regulation prescribed by the Secretary under 49 U.S.C.
31136, the State law or regulation may be enforced unless the Secretary
decides that the State law or regulation (1) has no safety benefit; (2)
is incompatible with the regulation prescribed by the Secretary; or (3)
would cause an unreasonable burden on interstate commerce. Id. Sec.
31141(c)(4). In deciding whether a State law or regulation will cause
an unreasonable burden on interstate commerce, the Secretary may
consider the cumulative effect that the State's law or regulation and
all similar laws and regulations of other States will have on
interstate commerce. Id. Sec. 31141(c)(5). The Secretary's authority
under 49 U.S.C. 31141 is delegated to the FMCSA Administrator by 49 CFR
1.87(f).
Request for Comments
Although preemption under 49 U.S.C. 31141 is a legal determination
reserved to the judgment of the Agency, FMCSA seeks comments on any
issues raised in the WTA's petition or otherwise relevant. The Agency
has placed the petition in the docket.
Issued on: September 27, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-22061 Filed 10-8-19; 8:45 am]
BILLING CODE 4910-EX-P