Hours of Service of Drivers: Specialized Carriers & Rigging Association (SC&RA); Application for Renewal of Exemption, 38016-38018 [2020-13597]

Download as PDF 38016 Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices • General Bridge Act of 1946, 33 U.S.C. 525–533 • Rivers and Harbors Act of 1899, 33 U.S.C. 401–406 • Wild and Scenic Rivers Act, 16 U.S.C. 1271–1287 • Emergency Wetlands Resources Act, 16 U.S.C. 3901 and 3921 • Wetlands Mitigation, 23 U.S.C. 119(g), 133(b)(14) • FHWA wetland and natural habitat mitigation regulations, 23 CFR part 777 • Flood Disaster Protection Act, 42 U.S.C. 4001–4130 Parklands • 23 U.S.C. 138 and 49 U.S.C. 303 (Section 4(f)) and implementing regulations at 23 CFR part 774 • Land and Water Conservation Fund (LWCF) Act, 54 U.S.C. 200302– 200310 FHWA-Specific • Planning and Environmental Linkages, 23 U.S.C. 168, with the exception of those FHWA responsibilities associated with 23 U.S.C. 134 and 135 • Programmatic Mitigation Plans, 23 U.S.C. 169 with the exception of those FHWA responsibilities associated with 23 U.S.C. 134 and 135 jbell on DSKJLSW7X2PROD with NOTICES Executive Orders (E.O.) Relating to Highway Projects • E.O. 11990, Protection of Wetlands • E.O. 11988, Floodplain Management (except approving design standards and determinations that a significant encroachment is the only practicable alternative under 23 CFR 650.113 and 650.115) • E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations • E.O. 13112, Invasive Species • E.O. 13807, Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects (aka ‘‘One Federal Decision’’). The proposed renewal MOU would allow ODOT to continue to act in the place of FHWA in carrying out the environmental review-related functions described above, except with respect to government-to-government consultations with federally recognized Indian Tribes. The FHWA will retain responsibility for conducting formal government-to-government consultation with federally recognized Indian Tribes, which is required under some of the listed laws and executive orders. The ODOT also will not assume FHWA’s responsibilities for conformity VerDate Sep<11>2014 18:20 Jun 23, 2020 Jkt 250001 determinations required under Section 176 of the CAA (42 U.S.C. 7506) or any responsibility under 23 U.S.C. 134 or 135, or under 49 U.S.C. 5303 or 5304. A copy of the proposed renewal MOU and renewal package may be viewed on the docket at www.regulations.gov, as described above, or may be obtained by contacting FHWA or the State at the addresses provided above. A copy also may be viewed on ODOT’s website at: https://transportation.ohio.gov/wps/ portal/gov/odot/programs/nepaassignment. The FHWA will consider the comments submitted when making its decision on the proposed MOU revision. Any final renewal MOU approved by FHWA may include changes based on comments and consultations relating to the proposed renewal MOU and will be made publicly available. Authority: 23 U.S.C. 327; 42 U.S.C. 4331, 4332; 23 CFR 771.117; 40 CFR 1507.3, 1508.4. Nicole R. Nason, Administrator, Federal Highway Administration. [FR Doc. 2020–13579 Filed 6–23–20; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0420] Hours of Service of Drivers: Specialized Carriers & Rigging Association (SC&RA); Application for Renewal of Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemption. AGENCY: FMCSA announces its decision to renew the exemption from the minimum 30-minute rest break provision of the Agency’s hours-ofservice (HOS) regulations requested by the Specialized Carriers & Rigging Association (SC&RA) for certain commercial motor vehicle (CMV) drivers. The exemption covers drivers for all specialized carriers transporting loads that exceed normal weight and dimensional limits—oversize/ overweight (OS/OW) loads—and require a permit issued by a government authority. FMCSA has analyzed the exemption application and the public comments and has determined that the exemption, subject to the terms and conditions imposed, will likely achieve a level of safety that is equivalent to, or SUMMARY: PO 00000 Frm 00197 Fmt 4703 Sfmt 4703 greater than, the level that would be achieved absent such exemption. DATES: The exemption is applicable from June 18, 2020 through June 17, 2025. ADDRESSES: 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 Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments on-line. 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 Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, ‘‘FMCSA–2020–0420’’ in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button and choose the document to review. If you do not have access to the internet, you may view the docket by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366–9826 before visiting Docket Operations. E:\FR\FM\24JNN1.SGM 24JNN1 Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from certain Federal Motor Carrier Safety Regulations (FMCSRs). FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). jbell on DSKJLSW7X2PROD with NOTICES III. Background The SC&RA requested a renewal of the exemption from the mandatory rest break requirement of 49 CFR 395.3(a)(3)(ii) on behalf of all specialized carriers and drivers responsible for the transportation of loads exceeding standard legal weight and dimensional limits—oversize/ overweight (OS/OW) loads—that require a permit issued by a government authority. The exemption was first granted on June 18, 2015 (80 FR 34957) and later extended through June 17, 2020 (81 FR 79556, Nov. 14, 2016). According to SC&RA the 30-minute break uniquely affects OS/OW loads and has exacerbated the number of instances in which drivers have had to park these loads at roadside, consequently impacting the safety of both the public and the driver. The renewed exemption would apply to all specialized carriers and drivers responsible for the transportation of loads that exceed maximum legal weight and dimensional limits—OS/OW loads—that require a permit issued by a government authority. The hours of operation in which a driver may move an OS/OW load on a valid permit vary tremendously from State to State, and VerDate Sep<11>2014 18:20 Jun 23, 2020 Jkt 250001 even among local jurisdictions within a State, differ in terms of the days of the week and hours of the day when transit is allowed. Because hours in which an OS/OW load can travel are restricted by permit requirements, those hours will often conflict with the timing of the required 30-minute rest break. SC&RA specifically cites four instances demonstrating this conflict. As less space is available for parking OS/OW trucks, specialized tractor/ trailer combinations transporting OS/ OW loads will increasingly be parked alongside interstate or other highways and ramp shoulders, further compromising their safety and the safety of the public on the roadways. SC&RA states that the industry has been diligent in ensuring that its drivers are safety compliant by identifying, deploying, analyzing and monitoring best practices. The effectiveness of the industry’s efforts is substantiated through its safety record. By demand and due to the type and nature of the size and weight involved, these drivers tend to be more experienced and skilled than many drivers in the motor carrier industry. Safety is achieved through rigorous, mandated training for all drivers on a regular basis, in conjunction with annual safety checks, and self-imposed random safety audits. Furthermore, most specialized transportation carriers conduct weekly—or sometimes more frequent— meetings with drivers to ensure that they are current on information with regard to operating OS/OW loads in their industry. SC&RA does not foresee any negative impact to safety from the requested exemption. It believes that granting the exemption would have a favorable impact on overall safety by reducing the frequency of drivers resorting to less than ideal parking options, thereby reducing the frequency of lanes being partially or fully blocked. A copy of SC&RA’s request is in the docket referenced at the beginning of this notice. IV. Public Comments On April 30, 2020, FMCSA published notice of this application, and asked for public comment (85 FR 24086). The Truckload Carriers Association and 19 individuals submitted comments in favor of the exemption renewal; there were no opposing comments. TCA wrote: Inadequate truck parking already presents a problem for truckload carriers, but our members which haul OS/OW loads face even more overwhelming obstacles. As SC&RA pointed out in its request, the only option for drivers is often to park these loads on the PO 00000 Frm 00198 Fmt 4703 Sfmt 4703 38017 shoulders of interstates, highways, and ramps. Drivers are required to protect and alert the motoring public by employing traffic control measures, but sometimes, the OS/OW load cannot be completely parked off the roadway. This situation clearly presents a heightened safety risk for the general motoring public, the driver, and public and emergency personnel. FMCSA agreed that these safety concerns are too significant to ignore and granted SC&RA’s initial exemption request on June 18, 2015. Now, we encourage FMCSA to renew this exemption to protect safety through ensuring necessary flexibility in the federal regulations. One individual, Dave Wittwer stated ‘‘We encourage FMCSA to renew the 30minute exemption that expires on June 18. The basis of this recommendation is safety for the drivers and the public at large.’’ V. FMCSA Decision FMCSA has evaluated SC&RA’s application and the public comments. The Agency believes finding suitable parking for trucks with OS/OW loads is particularly difficult, as SC&RA pointed out, and the default option is likely to be parking on the shoulder of a highway, with the load sometimes extending into the lanes of traffic. No matter how well marked, trucks parked at roadside, especially at night, are too often mistaken for moving vehicles and struck, frequently with fatal consequences, before an inattentive driver can correct his or her mistake. FMCSA has therefore decided to grant the exemption, subject to the terms and conditions outlined below. Terms of the Exemption 1. Drivers of specialized loads moving in interstate commerce that exceed normal weight and dimensional limits— oversize/overweight (OS/OW) loads— and require a permit issued by a government authority, are exempt from the requirement for a 30-minute rest break in § 395.3(a)(3)(ii). Drivers of loads not moving in interstate commerce are not eligible for this exemption. 2. Drivers must have a copy of this exemption document in their possession while operating under the terms of the exemption. The exemption document must be presented to law enforcement officials upon request. 3. All motor carriers operating under this exemption must have a ‘‘Satisfactory’’ safety rating with FMCSA, or be ‘‘unrated.’’ Motor carriers with ‘‘Conditional’’ or ‘‘Unsatisfactory’’ FMCSA safety ratings are prohibited from using this exemption. E:\FR\FM\24JNN1.SGM 24JNN1 38018 Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices Period of the Exemption This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is effective June 18, 2020 through June 17, 2025, 11:59 p.m. local time. James A. Mullen, Deputy Administrator. Extent of the Exemption BILLING CODE 4910–EX–P This exemption is limited to the provisions of 49 CFR 395.3(a)(3)(ii). These drivers must comply with all other applicable provisions of the FMCSRs. Federal Motor Carrier Safety Administration [Docket No. FMCSA–2019–0244] In accordance with 49 U.S.C. 31315(d), during the period this exemption is in effect, no State shall enforce any law or regulation that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. Notification to FMCSA Termination FMCSA believes carriers transporting OS/OW loads under permit will continue to maintain their previous safety record while operating under this exemption. However, should problems occur, FMCSA will take all steps necessary to protect the public interest, including revocation or restriction of the exemption. The FMCSA will immediately revoke or restrict the 18:20 Jun 23, 2020 Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Lytx Inc. Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of correction. AGENCY: FMCSA corrects the permissible mounting location for Lytx, Inc.’s (Lytx) advanced driver assistance systems (ADAS) in the windshield of commercial motor vehicles (CMV), as identified in a May 21, 2020, notice of final disposition granting a limited fiveyear exemption to motor carriers utilizing the Lytx ADAS. DATES: This correction is applicable June 24, 2020. FOR FURTHER INFORMATION CONTACT: Mr. Jose´ R. Cestero, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC–PSV, (202) 366–5541, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC, 20590– 0001. If you have questions regarding viewing or submitting material to the docket, contact Docket Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: On May 21, 2020 (85 FR 31021), FMCSA published a notice granting a limited 5year exemption to allow motor carriers to mount the Lytx ADAS lower in the windshield than is currently permitted by the Agency’s regulations. In its exemption application, Lytx stated that the ADAS needs to be mounted approximately 204 mm (8 inches) below the upper edge of the windshield wipers to utilize a mounting location that allows optimal functionality of the camera system. In evaluating the Lytx application and the public comments received, FMCSA agreed that the camera system needs to be mounted in this location because the size of the camera system precludes mounting it (1) higher in the windshield, and (2) within 4 inches from the top of the area swept by the windshield wipers to comply with the regulations. SUMMARY: 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’’; 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. VerDate Sep<11>2014 [FR Doc. 2020–13597 Filed 6–23–20; 8:45 am] DEPARTMENT OF TRANSPORTATION Preemption jbell on DSKJLSW7X2PROD with NOTICES exemption for failure to comply with its terms and conditions. Jkt 250001 PO 00000 Frm 00199 Fmt 4703 Sfmt 4703 However, in the ‘‘Terms and Conditions for the Exemption’’ section of the May 21 notice of final disposition, FMCSA inadvertently stated that during the temporary exemption period, motor carriers using the Lytx ADAS must ensure that the bottom edge of the camera housing is mounted such that it is approximately 8 inches below the upper edge of the windshield, instead of 8 inches below the upper edge of the area swept by the windshield wipers. The corrected text should read ‘‘During the temporary exemption period, motor carriers will be allowed to operate CMVs equipped with Lytx’s ADAS in the approximate center of the top of the windshield and such that the bottom edge of the camera housing is approximately 8 inches below the upper edge of the area swept by the windshield wipers, outside of the driver’s and passenger’s normal sight lines to the road ahead, highway signs and signals, and all mirrors.’’ Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–13600 Filed 6–23–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Notice of OFAC Sanctions Actions Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more individuals, entities, and vessels that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List). OFAC has determined that one or more applicable legal criteria were satisfied to place the individuals and entities on the SDN List. All property and interests in property subject to U.S. jurisdiction of these individuals and entities are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. The vessels placed on the SDN List have been identified as property in which a blocked person has an interest. DATES: See SUPPLEMENTARY INFORMATION section for applicable date(s). FOR FURTHER INFORMATION CONTACT: OFAC: Associate Director for Global Targeting, tel.: 202–622–2420; Assistant Director for Sanctions Compliance & Evaluation, tel.: 202–622–2490; Assistant Director for Licensing, tel.: SUMMARY: E:\FR\FM\24JNN1.SGM 24JNN1

Agencies

[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 38016-38018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13597]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0420]


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

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

ACTION: Notice of final disposition; grant of application for 
exemption.

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

SUMMARY: FMCSA announces its decision to renew the exemption from the 
minimum 30-minute rest break provision of the Agency's hours-of-service 
(HOS) regulations requested by the Specialized Carriers & Rigging 
Association (SC&RA) for certain commercial motor vehicle (CMV) drivers. 
The exemption covers drivers for all specialized carriers transporting 
loads that exceed normal weight and dimensional limits--oversize/
overweight (OS/OW) loads--and require a permit issued by a government 
authority. FMCSA has analyzed the exemption application and the public 
comments and has determined that the exemption, subject to the terms 
and conditions imposed, will likely achieve a level of safety that is 
equivalent to, or greater than, the level that would be achieved absent 
such exemption.

DATES: The exemption is applicable from June 18, 2020 through June 17, 
2025.

ADDRESSES: 
    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 Federal Docket Management System 
(FDMS) is available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments on-line.
    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

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, ``FMCSA-2020-0420'' in the ``Keyword'' box and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document to review. If you do not have access to the internet, you 
may view the docket by visiting the Docket Management Facility in Room 
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey 
Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., 
Monday through Friday, except Federal holidays. To be sure someone is 
there to help you, please call (202) 366-9317 or (202) 366-9826 before 
visiting Docket Operations.

[[Page 38017]]

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from certain Federal Motor Carrier Safety Regulations 
(FMCSRs). FMCSA must publish a notice of each exemption request in the 
Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

III. Background

    The SC&RA requested a renewal of the exemption from the mandatory 
rest break requirement of 49 CFR 395.3(a)(3)(ii) on behalf of all 
specialized carriers and drivers responsible for the transportation of 
loads exceeding standard legal weight and dimensional limits--oversize/
overweight (OS/OW) loads--that require a permit issued by a government 
authority. The exemption was first granted on June 18, 2015 (80 FR 
34957) and later extended through June 17, 2020 (81 FR 79556, Nov. 14, 
2016).
    According to SC&RA the 30-minute break uniquely affects OS/OW loads 
and has exacerbated the number of instances in which drivers have had 
to park these loads at roadside, consequently impacting the safety of 
both the public and the driver. The renewed exemption would apply to 
all specialized carriers and drivers responsible for the transportation 
of loads that exceed maximum legal weight and dimensional limits--OS/OW 
loads--that require a permit issued by a government authority. The 
hours of operation in which a driver may move an OS/OW load on a valid 
permit vary tremendously from State to State, and even among local 
jurisdictions within a State, differ in terms of the days of the week 
and hours of the day when transit is allowed. Because hours in which an 
OS/OW load can travel are restricted by permit requirements, those 
hours will often conflict with the timing of the required 30-minute 
rest break.
    SC&RA specifically cites four instances demonstrating this 
conflict. As less space is available for parking OS/OW trucks, 
specialized tractor/trailer combinations transporting OS/OW loads will 
increasingly be parked alongside interstate or other highways and ramp 
shoulders, further compromising their safety and the safety of the 
public on the roadways.
    SC&RA states that the industry has been diligent in ensuring that 
its drivers are safety compliant by identifying, deploying, analyzing 
and monitoring best practices. The effectiveness of the industry's 
efforts is substantiated through its safety record. By demand and due 
to the type and nature of the size and weight involved, these drivers 
tend to be more experienced and skilled than many drivers in the motor 
carrier industry. Safety is achieved through rigorous, mandated 
training for all drivers on a regular basis, in conjunction with annual 
safety checks, and self-imposed random safety audits. Furthermore, most 
specialized transportation carriers conduct weekly--or sometimes more 
frequent--meetings with drivers to ensure that they are current on 
information with regard to operating OS/OW loads in their industry.
    SC&RA does not foresee any negative impact to safety from the 
requested exemption. It believes that granting the exemption would have 
a favorable impact on overall safety by reducing the frequency of 
drivers resorting to less than ideal parking options, thereby reducing 
the frequency of lanes being partially or fully blocked.
    A copy of SC&RA's request is in the docket referenced at the 
beginning of this notice.

IV. Public Comments

    On April 30, 2020, FMCSA published notice of this application, and 
asked for public comment (85 FR 24086). The Truckload Carriers 
Association and 19 individuals submitted comments in favor of the 
exemption renewal; there were no opposing comments.
    TCA wrote:

    Inadequate truck parking already presents a problem for 
truckload carriers, but our members which haul OS/OW loads face even 
more overwhelming obstacles. As SC&RA pointed out in its request, 
the only option for drivers is often to park these loads on the 
shoulders of interstates, highways, and ramps. Drivers are required 
to protect and alert the motoring public by employing traffic 
control measures, but sometimes, the OS/OW load cannot be completely 
parked off the roadway. This situation clearly presents a heightened 
safety risk for the general motoring public, the driver, and public 
and emergency personnel. FMCSA agreed that these safety concerns are 
too significant to ignore and granted SC&RA's initial exemption 
request on June 18, 2015. Now, we encourage FMCSA to renew this 
exemption to protect safety through ensuring necessary flexibility 
in the federal regulations.

    One individual, Dave Wittwer stated ``We encourage FMCSA to renew 
the 30-minute exemption that expires on June 18. The basis of this 
recommendation is safety for the drivers and the public at large.''

V. FMCSA Decision

    FMCSA has evaluated SC&RA's application and the public comments. 
The Agency believes finding suitable parking for trucks with OS/OW 
loads is particularly difficult, as SC&RA pointed out, and the default 
option is likely to be parking on the shoulder of a highway, with the 
load sometimes extending into the lanes of traffic. No matter how well 
marked, trucks parked at roadside, especially at night, are too often 
mistaken for moving vehicles and struck, frequently with fatal 
consequences, before an inattentive driver can correct his or her 
mistake. FMCSA has therefore decided to grant the exemption, subject to 
the terms and conditions outlined below.

Terms of the Exemption

    1. Drivers of specialized loads moving in interstate commerce that 
exceed normal weight and dimensional limits--oversize/overweight (OS/
OW) loads--and require a permit issued by a government authority, are 
exempt from the requirement for a 30-minute rest break in Sec.  
395.3(a)(3)(ii). Drivers of loads not moving in interstate commerce are 
not eligible for this exemption.
    2. Drivers must have a copy of this exemption document in their 
possession while operating under the terms of the exemption. The 
exemption document must be presented to law enforcement officials upon 
request.
    3. All motor carriers operating under this exemption must have a 
``Satisfactory'' safety rating with FMCSA, or be ``unrated.'' Motor 
carriers with ``Conditional'' or ``Unsatisfactory'' FMCSA safety 
ratings are prohibited from using this exemption.

[[Page 38018]]

Period of the Exemption

    This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is 
effective June 18, 2020 through June 17, 2025, 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 with all other applicable 
provisions of the FMCSRs.

Preemption

    In accordance with 49 U.S.C. 31315(d), during the period this 
exemption is in effect, no State shall enforce any law or regulation 
that conflicts with or is inconsistent with this exemption with respect 
to a firm or person operating under the exemption.

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'';
    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 believes carriers transporting OS/OW loads under permit will 
continue to maintain their previous safety record while operating under 
this exemption. However, should problems occur, FMCSA will take all 
steps necessary to protect the public interest, including revocation or 
restriction of the exemption. The FMCSA will immediately revoke or 
restrict the exemption for failure to comply with its terms and 
conditions.

James A. Mullen,
Deputy Administrator.
[FR Doc. 2020-13597 Filed 6-23-20; 8:45 am]
BILLING CODE 4910-EX-P
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