Hours of Service of Drivers: American Concrete Pumping Association (ACPA); Application for Exemption, 54267-54269 [2019-22065]

Download as PDF 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 54268 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 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–2016–0342’’ 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 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 specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). Because this document renews without substantive change an exemption previously granted after public notice and consideration of the comments received, FMCSA finds, pursuant to the good-cause exception in 49 U.S.C. 553(b), that additional notice and opportunity for comment are unnecessary. Since this notice grants an exemption and relieves a restriction, 49 U.S.C. 553(d)(1) allows the exemption to be made effective upon publication. VerDate Sep<11>2014 17:13 Oct 08, 2019 Jkt 250001 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 final rule adopted several changes to the HOS regulations including a new provision requiring drivers to take a rest break of at least 30 minutes during the work day under certain circumstances. FMCSA did not specify when drivers must take the break but the rule requires that they wait no longer than 8 hours after the last off-duty period of 30 minutes or more to take it if they want to drive a CMV. Drivers who already take shorter breaks during the work day could comply with the rule by extending one of those breaks to 30 minutes. The new requirement took effect on July 1, 2013. IV. Request for Exemption On March 21, 2017, FMCSA granted ACPA an exemption from the 30-minute break rule in 49 CFR 395.3(a)(3)(ii) (82 FR 14595). On November 1, 2018, the Agency granted ACPA an exemption from the requirements of 49 CFR 395.1(e)(1)(ii)(A) concerning the 12-hour limit in the short-haul exception, allowing drivers up to 14 hours to return to the work-reporting location. At that time, the Agency believed the shorthaul exemption eliminated the need for a separate exemption from the 30minute rest break provision. Subsequently, the Agency learned that some ACPA members continue to need relief from the 30-minute rest break despite the newly granted exemption from the short-haul 12-hour limit. Therefore, ACPA applied for renewal of an exemption from the 30-minute rest break provision [49 CFR 395.3(a)(3)(ii)]. The previously granted exemption excused qualifying concrete pump operators, concrete pumping companies, and drivers who operate concrete pumps in interstate commerce from the requirement to take the 30-minute break. The ACPA represents more than 600 member companies who employ over 7,000 workers nationwide. The renewed exemption applies to all interstate operations of concrete pumper trucks and their operators, regardless of the motor carrier or membership in ACPA. 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 cross State lines routinely.1 1 FMCSA does not have jurisdiction over intrastate transportation; however, most States have commercial motor vehicle statutes and regulations PO 00000 Frm 00167 Fmt 4703 Sfmt 4703 ACPA requests the exemption because it states that the mandatory 30-minute rest break increases the risk of technical complications and potentially costly problems at job sites. A mandatory 30minute break during which the concrete pump operator is ‘‘off duty’’ would require the pump to be shut down and likely cleaned out. Stopping the flow of concrete through the pump creates the risk of introducing air in the pump’s pipe system, which, in turn, could cause hose-whipping that can injure the pump operator and any personnel within reach of the hose. According to ACPA, concrete pump operators take rest breaks throughout the day; therefore, an additional 30-minute rest break does not enhance job safety. ACPA added that concrete is a perishable product which creates difficult schedule coordination issues since it is needed on a just-in-time basis. ACPA continues to explain that concrete pump operators cannot plan the timing of the 30-minute break, as they cannot interrupt their work activity without the threat of failure—failure to accept and deliver concrete within its perishable limits and failure to comply with their contracts. Once the ingredients of ready-mixed concrete have been combined, there is a brief window during which the product can be pumped (roughly 90 minutes before the concrete hardens). Should the concrete pump operator be required to take the 30-minute rest break, it would cause a ripple effect on the ready-mixed concrete trucks in line to supply the pump. Per ACPA, such a delay could cost thousands of dollars to rectify and could potentially violate a delivery contract. Once the concrete pump starts to receive a delivery, it must be completed without disruption to conduct a safe and structurally sound pour. ACPA asserts that renewing this exemption would achieve the same level of safety provided by the rule requiring the 30-minute rest break. The Association stated that the concrete pumping industry has a ‘‘solid’’ safety record. ACPA’s Operation Certification Program ensures, encourages, and educates the industry on safe pumping and placement procedures. These safety practices allow concrete operators to maintain their safety record through careful training and well-developed safety guidelines. that are compatible with Federal regulations. An FMCSA exemption only applies to interstate transportation, although some States honor them for intrastate traffic. E:\FR\FM\09OCN1.SGM 09OCN1 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Notices V. FMCSA Decision FMCSA has received no reports of accidents attributable to the previous 30-minute exemption. The renewal of 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. It is important to note that the Agency is not granting a complete exemption from the 30minute rest break provision required by 49 CFR 395.3(a)(iii)(2). Instead, FMCSA is granting an exemption for concrete pump operators and drivers who remain with the CMV (i.e., wait) while not performing any other work-related activities to count that time toward the 30-minute break. The only subject of the exemption is the duty status of the driver while ‘‘waiting’’ with the vehicle during a required rest break. The Agency grants the exemption request subject to the terms and conditions in this notice. VI. Terms and Conditions of the Exemption • Drivers who deliver, set up, and operate concrete pumps in interstate commerce across the United States, and all concrete pump operators and concrete pumping companies and drivers, are exempt from the requirement for a 30-minute rest break in Section 395.3(a)(3)(ii), in that they may count ‘‘waiting’’ periods when they are performing no work activity as the required 30-minute break. • Drivers must possess a copy of this exemption while operating under the terms of the exemption. The exemption document must be presented to law enforcement officials upon request. • 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. khammond on DSKJM1Z7X2PROD with NOTICES Period of the Exemption This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) has a retroactive effective date of March 17, 2019 through March 17, 2024, 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 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 VerDate Sep<11>2014 17:13 Oct 08, 2019 Jkt 250001 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 prior to the accident. Reports filed under this provision shall be emailed to MCPSD@DOT.GOV. VII. 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: September 17, 2019. Raymond P. Martinez, Administrator. [FR Doc. 2019–22065 Filed 10–8–19; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00168 Fmt 4703 Sfmt 4703 54269 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2019–0081] Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System Under part 235 of title 49 of the Code of Federal Regulations (CFR) and 49 U.S.C. 20502(a), this document provides the public notice that by a document dated September 18, 2019, the Grenada Railroad, LLC (GRYR), a RailUSA limited liability company, petitioned the Federal Railroad Administration (FRA) seeking approval to discontinue or modify a signal system. FRA assigned the petition Docket Number FRA–2019– 0081. Applicant: Grenada Railroad, LLC, Mr. Trevor Costilow, General Manager, Ms. Barbara Wilson, President, 643 First Street, Grenada, MS 38901. Specifically, GRYR requests permission to permanently remove the automatic block signals (ABS) from North Grenada, Mississippi, milepost (MP) 617.4 to Southaven, Mississippi, MP 403.0. The signal system has been out of service, but remained in place since January 8, 2013, per Docket Number FRA–2013–0095. The proposed changes include removal of the ABS and conversion to Track Warrant Control and Yard Limit rules. All Highway-Rail Grade Crossings will be retained. GRYR explained the ABS is no longer needed in current or foreseeable future operations of the GRYR. There are substantial costs in maintaining the ABS. A copy of the petition, as well as any written communications concerning the petition, is available for review online at http://www.regulations.gov and in person at the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Avenue SE, W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested parties desire an opportunity for oral comment and a public hearing, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. E:\FR\FM\09OCN1.SGM 09OCN1

Agencies

[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Notices]
[Pages 54267-54269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22065]


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

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

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 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, 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 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

[[Page 54268]]

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-2016-0342'' 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 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 specify the effective period and explain the 
terms and conditions of the exemption. The exemption may be renewed (49 
CFR 381.300(b)).
    Because this document renews without substantive change an 
exemption previously granted after public notice and consideration of 
the comments received, FMCSA finds, pursuant to the good-cause 
exception in 49 U.S.C. 553(b), that additional notice and opportunity 
for comment are unnecessary. Since this notice grants an exemption and 
relieves a restriction, 49 U.S.C. 553(d)(1) allows the exemption to be 
made effective upon publication.

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 
final rule adopted several changes to the HOS regulations including a 
new provision requiring drivers to take a rest break of at least 30 
minutes during the work day under certain circumstances.
    FMCSA did not specify when drivers must take the break but the rule 
requires that they wait no longer than 8 hours after the last off-duty 
period of 30 minutes or more to take it if they want to drive a CMV. 
Drivers who already take shorter breaks during the work day could 
comply with the rule by extending one of those breaks to 30 minutes. 
The new requirement took effect on July 1, 2013.

IV. Request for Exemption

    On March 21, 2017, FMCSA granted ACPA an exemption from the 30-
minute break rule in 49 CFR 395.3(a)(3)(ii) (82 FR 14595). On November 
1, 2018, the Agency granted ACPA an exemption from the requirements of 
49 CFR 395.1(e)(1)(ii)(A) concerning the 12-hour limit in the short-
haul exception, allowing drivers up to 14 hours to return to the work-
reporting location. At that time, the Agency believed the short-haul 
exemption eliminated the need for a separate exemption from the 30-
minute rest break provision. Subsequently, the Agency learned that some 
ACPA members continue to need relief from the 30-minute rest break 
despite the newly granted exemption from the short-haul 12-hour limit. 
Therefore, ACPA applied for renewal of an exemption from the 30-minute 
rest break provision [49 CFR 395.3(a)(3)(ii)].
    The previously granted exemption excused qualifying concrete pump 
operators, concrete pumping companies, and drivers who operate concrete 
pumps in interstate commerce from the requirement to take the 30-minute 
break. The ACPA represents more than 600 member companies who employ 
over 7,000 workers nationwide. The renewed exemption applies to all 
interstate operations of concrete pumper trucks and their operators, 
regardless of the motor carrier or membership in ACPA. 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 cross State lines routinely.\1\
---------------------------------------------------------------------------

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

    ACPA requests the exemption because it states that the mandatory 
30-minute rest break increases the risk of technical complications and 
potentially costly problems at job sites. A mandatory 30-minute break 
during which the concrete pump operator is ``off duty'' would require 
the pump to be shut down and likely cleaned out. Stopping the flow of 
concrete through the pump creates the risk of introducing air in the 
pump's pipe system, which, in turn, could cause hose-whipping that can 
injure the pump operator and any personnel within reach of the hose. 
According to ACPA, concrete pump operators take rest breaks throughout 
the day; therefore, an additional 30-minute rest break does not enhance 
job safety.
    ACPA added that concrete is a perishable product which creates 
difficult schedule coordination issues since it is needed on a just-in-
time basis. ACPA continues to explain that concrete pump operators 
cannot plan the timing of the 30-minute break, as they cannot interrupt 
their work activity without the threat of failure--failure to accept 
and deliver concrete within its perishable limits and failure to comply 
with their contracts. Once the ingredients of ready-mixed concrete have 
been combined, there is a brief window during which the product can be 
pumped (roughly 90 minutes before the concrete hardens). Should the 
concrete pump operator be required to take the 30-minute rest break, it 
would cause a ripple effect on the ready-mixed concrete trucks in line 
to supply the pump. Per ACPA, such a delay could cost thousands of 
dollars to rectify and could potentially violate a delivery contract. 
Once the concrete pump starts to receive a delivery, it must be 
completed without disruption to conduct a safe and structurally sound 
pour.
    ACPA asserts that renewing this exemption would achieve the same 
level of safety provided by the rule requiring the 30-minute rest 
break. The Association stated that the concrete pumping industry has a 
``solid'' safety record. ACPA's Operation Certification Program 
ensures, encourages, and educates the industry on safe pumping and 
placement procedures. These safety practices allow concrete operators 
to maintain their safety record through careful training and well-
developed safety guidelines.

[[Page 54269]]

V. FMCSA Decision

    FMCSA has received no reports of accidents attributable to the 
previous 30-minute exemption. The renewal of 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. It is important to note that the Agency is not 
granting a complete exemption from the 30-minute rest break provision 
required by 49 CFR 395.3(a)(iii)(2). Instead, FMCSA is granting an 
exemption for concrete pump operators and drivers who remain with the 
CMV (i.e., wait) while not performing any other work-related activities 
to count that time toward the 30-minute break. The only subject of the 
exemption is the duty status of the driver while ``waiting'' with the 
vehicle during a required rest break. The Agency grants the exemption 
request subject to the terms and conditions in this notice.

VI. Terms and Conditions of the Exemption

     Drivers who deliver, set up, and operate concrete pumps in 
interstate commerce across the United States, and all concrete pump 
operators and concrete pumping companies and drivers, are exempt from 
the requirement for a 30-minute rest break in Section 395.3(a)(3)(ii), 
in that they may count ``waiting'' periods when they are performing no 
work activity as the required 30-minute break.
     Drivers must possess a copy of this exemption while 
operating under the terms of the exemption. The exemption document must 
be presented to law enforcement officials upon request.
     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.

Period of the Exemption

    This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) has 
a retroactive effective date of March 17, 2019 through March 17, 2024, 
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 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 prior to 
the accident.
    Reports filed under this provision shall be emailed to 
[email protected]

VII. 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: September 17, 2019.
 Raymond P. Martinez,
 Administrator.
[FR Doc. 2019-22065 Filed 10-8-19; 8:45 am]
 BILLING CODE 4910-EX-P