Hours of Service of Drivers; Parts and Accessories: Application for an Exemption From Cleveland-Cliffs Steel, LLC., 47708-47710 [2021-18330]
Download as PDF
47708
Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Notices
Table 1: Roadway Attributes for PHFS Consideration for Data Submission Option 1
Attribute
Attribute Definition
Attribute Type
Integer
Type of Changes Proposed to Roadway
SFIP
Integer
Included in State Freight Investment Plan
MILES
Start Point
End Point
Geometric Mileage
Crossing Roadway Name at Starting Point
Countv
Route Id
BEGMP
ENDMP
SIGNl
Real Number
Character
Character
Integer
Integer
Character
Real Number
Real Number
Character
SIGNTl
Character
Route Designation (I, U or S)
LNAME
Character
alternate road name when SIGNl is missing
State
Remarks
Attribute code
1= Modify
2=Add
3= Delete
Proposed Type
Data Type
Required
l=Yes
Identify if proposed road is included
in current State Freie:ht Investment
2=No
Crossing Roadway Name at Terminus Point
State Fips Code
County Fips Code
Location reference ID for
Beginning Milepost of a Given Segment
Ending Milepost to a Given Segment
Route Sign Number
Refer HPMS Manual
Refer HPMS Manual
Refer HPMS Manual
Refer HPMS Manual
!=Interstate; U= US Route; S
= State Route
Required
Required
ReQuired
Reauired
Reauired
Reauired
ReQuired
Reauired
Reauired
Reauired
Required
Required
1 = Interstate
2 = Principal Arterial -
F_SYSTEM
Integer
Other Freeways and
Expressways
3 = Principal Arterial -
HPMS Functional System
Other
4 = Minor Arterial
(HPMS Manual) Refer HPMS data
document
Required
https://www.fhwa.dot.gov/policyinfo
rmation/hpms/fieldmanual/
5 = Major Collector
6 = Minor Collector
7 = Local
1= One-Way Roadway.
2=Two-Way Roadway.
Facility_Type
HPMS Facility Type
Integer
4=Ramp.
S=Non-Mainline.
6=Non-lnventory Direction.
Refer HPMS Manual
Required
Table 2: Roadway Attributes for PHFS Consideration for Data Submission Option 2
lnteger{l)
SFIP
Attribute Code
Type of Changes Proposed
to Roadway
Remarks
Data Type
Identify type of proposed changes
Required
1= Modify
2=Add
3= Delete
1 =Yes
2 = No
Included in State Freight
Investment Plan
:::haracter (120) Location reference ID for
Route_ld
jbell on DSKJLSW7X2PROD with NOTICES
lnteger{l)
Attribute Definition
Not Applicable
Identify if proposed road is included in
current State Freight Investment Pian.
Up to 120 alpha-numeric digits that
identify the route. This ID must be
unique within the State.
Required
Required
Begin_Point
Decimal{8,3)
Beginning Milepoint
Not Applicable
Decimal value in thousandths of a mile.
Required
End_Point
Decimal{8,3)
Ending Milepoint
Not Applicable
Decimal value in thousandths of a mile.
Required
Respondents are requested to provide
a narrative description of how the
proposed changes support goods
movement by addressing applicable redesignation factors as found in of 23
U.S.C. 167(d)(2)(E).
Other entities wishing to provide
comment are encouraged to engage with
a State Freight Advisory Committee.
Comments submitted by entities
separate from the input of a State
Freight Advisory Committee will be
considered for general input into the
process.
VerDate Sep<11>2014
17:30 Aug 25, 2021
Jkt 253001
Authority: 23 U.S.C. 167(d).
DEPARTMENT OF TRANSPORTATION
Stephanie Pollack,
Acting Administrator, Federal Highway
Administration.
Federal Motor Carrier Safety
Administration
[FR Doc. 2021–18350 Filed 8–25–21; 8:45 am]
[Docket No. FMCSA–2016–0050]
BILLING CODE 4910–22–P
PO 00000
Hours of Service of Drivers; Parts and
Accessories: Application for an
Exemption From Cleveland-Cliffs Steel,
LLC.
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
Frm 00095
Fmt 4703
Sfmt 4703
E:\FR\FM\26AUN1.SGM
26AUN1
EN26AU21.023
ProposedType
Attribute Type
EN26AU21.022
Attribute
Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Notices
FMCSA requests public
comment on an application for
exemption submitted by ClevelandCliffs Steel, LLC (Cliffs), formerly
known as ArcelorMittal Indiana Harbor,
LLC, to allow its employee-drivers with
commercial driver’s licenses (CDLs)
who transport scrap metal on two trucks
between their production and shipping
locations on public roads to work up to
16 hours per day and to return to work
with less than the mandatory 10
consecutive hours off duty. The
exemption is similar to the exemption
that allows Cliffs’ drivers transporting
steel coils to work the same hours of
services (HOS). Unlike the steel coil
exemption, the scrap metal trucks
would comply with the heavy hauler
trailer definition, height of rear side
marker lights restrictions, tire loading
restrictions, and the coil securement
requirements in the FMCSRs.
DATES: Comments must be received on
or before September 27, 2021.
ADDRESSES: You may submit comments
identified by Docket Number FMCSA–
2016–0050 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!docketDetail;D=FMCSA-2016-0050.
Follow the online instructions for
submitting comments.
• Mail: Docket Operations, 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: Dockets
Operations, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, West Building, Ground
Floor, Room W12–140, Washington, DC
20590–0001, between 9 a.m. and 5 p.m.,
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 Dockets
Operations.
• Fax: (202) 493–2251.
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 on viewing
or submitting material to the docket, call
Dockets Operations at (202) 366–9826.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
VerDate Sep<11>2014
17:30 Aug 25, 2021
Jkt 253001
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA 2016–0050), indicate the
specific section of this document to
which the comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online or by fax,
mail, or hand delivery, but please use
only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so FMCSA can
contact you if there are questions
regarding your submission.
To submit your comment online, go to
www.regulations.gov/
#!docketDetail;D=FMCSA-2016-0050,
click on the ‘‘Comment Now!’’ button
and type your comment into the text
box on 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, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period.
Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov/
#!docketDetail;D=FMCSA-2016-0050
and choose the document to review. If
you do not have access to the internet,
you may view the docket online by
visiting Dockets Operations in Room
W12–140 on the ground floor of the
DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, between 9 a.m. and 5 p.m.,
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 Dockets
Operations.
Privacy Act
DOT solicits comments from the
public to better inform its regulatory
process, in accordance with 5 U.S.C.
553(c). 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
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
47709
14—Federal Docket Management
System), which can be reviewed at
www.transportation.gov/privacy.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31315(b) to grant exemptions from
certain parts of the 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 the safety analyses and the
public comments 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)). If the Agency denies
the request, it must state the reason for
doing so. If the decision is to grant the
exemption, the notice must specify the
person or class of persons receiving the
exemption and the regulatory provision
or provisions from which an exemption
is granted. The notice must specify the
effective period of the exemption (up to
5 years) and explain the terms and
conditions of the exemption. The
exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).
Background
Under 49 CFR 381.315(a), FMCSA
must publish a notice of each exemption
request in the Federal Register. The
Agency must provide the public with 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 the safety
analyses and the public comments 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)). If the Agency denies
the request, it must state the reason for
doing so. If the decision is to grant the
exemption, the notice must specify the
person or class of persons receiving the
exemption and the regulatory provision
or provisions from which an exemption
E:\FR\FM\26AUN1.SGM
26AUN1
47710
Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Notices
is granted. The notice must specify the
effective period of the exemption (up to
5 years) and explain the terms and
conditions of the exemption. The
exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).
III. Cliff’s Application for Exemption
Cliffs, formerly known as
ArcelorMittal, requests an exemption to
allow its employee-drivers with CDLs
who transport scrap metal on two trucks
between their production and shipping
locations to work up to 16 hours per day
and return to work with less than the
mandatory 10 consecutive hours off
duty. The request is similar to the
exemption previously granted that
allows Cliffs’ drivers transporting steel
coils to work the same HOS, and travel
the same distances and routes between
their production and shipping locations.
Unlike the steel coil exemption, the
scrap trucks would comply with the
definition of a ‘‘heavy hauler trailer’’ in
49 CFR 393.5; the required ‘‘height of
rear side marker lights restrictions’’ in
49 CFR 393.11 Table1—Footnote 4; the
‘‘tire loading restrictions’’ in 49 CFR
393.75(f); and the ‘‘coil securement
requirements’’ in 49 CFR 393.120.
jbell on DSKJLSW7X2PROD with NOTICES
IV. Request for Comments
In accordance with 49 U.S.C.
31315(b)(6), FMCSA requests public
comment from all interested persons on
Cliffs’ exemption request. The request
was submitted as part of Cliffs’
exemption renewal application
mentioned above. As a new request,
however, it is subject to the separate
notice and comment provided by this
document. All comments received
before the close of business on the
comment closing date indicated at the
beginning of this notice will be
considered and will be available for
examination in the docket at the
location listed under the ADDRESSES
section of this notice. Comments
received after the comment closing date
will be filed in the public docket and
will be considered to the extent
practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should continue to examine the
public docket for new material.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–18330 Filed 8–25–21; 8:45 am]
BILLING CODE 4910–EX–P
VerDate Sep<11>2014
17:30 Aug 25, 2021
Jkt 253001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1998–4334; FMCSA–
2000–7165; FMCSA–2001–9561; FMCSA–
2003–14504; FMCSA–2003–15892; FMCSA–
2004–18885; FMCSA–2005–20027; FMCSA–
2005–20560; FMCSA–2005–21254; FMCSA–
2005–21711; FMCSA–2006–24783; FMCSA–
2006–25246; FMCSA–2006–26066; FMCSA–
2007–27333; FMCSA–2007–27515; FMCSA–
2007–27897; FMCSA–2007–28695; FMCSA–
2008–0021; FMCSA–2008–0398; FMCSA–
2009–0086; FMCSA–2009–0121; FMCSA–
2010–0082; FMCSA–2010–0161; FMCSA–
2010–0187; FMCSA–2010–0201; FMCSA–
2010–0327; FMCSA–2010–0372; FMCSA–
2010–0385; FMCSA–2011–0010; FMCSA–
2011–0057; FMCSA–2011–0092; FMCSA–
2011–0102; FMCSA–2011–0141; FMCSA–
2011–0142; FMCSA–2011–0189; FMCSA–
2012–0040; FMCSA–2012–0279; FMCSA–
2012–0280; FMCSA–2013–0021; FMCSA–
2013–0025; FMCSA–2013–0027; FMCSA–
2013–0029; FMCSA–2013–0030; FMCSA–
2013–0165; FMCSA–2014–0010; FMCSA–
2014–0300; FMCSA–2014–0304; FMCSA–
2014–0305; FMCSA–2015–0048; FMCSA–
2015–0049; FMCSA–2015–0052; FMCSA–
2015–0053; FMCSA–2015–0350; FMCSA–
2016–0028; FMCSA–2016–0033; FMCSA–
2016–0210; FMCSA–2016–0213; FMCSA–
2016–0214; FMCSA–2017–0016; FMCSA–
2017–0018; FMCSA–2017–0019; FMCSA–
2017–0022; FMCSA–2017–0023; FMCSA–
2019–0006; FMCSA–2019–0008; FMCSA–
2019–0011; FMCSA–2019–0013]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew exemptions for 102
individuals from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) for interstate
commercial motor vehicle (CMV)
drivers. The exemptions enable these
individuals to continue to operate CMVs
in interstate commerce without meeting
the vision requirements in one eye.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates stated in
the discussions below. Comments must
be received on or before September 27,
2021.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–1998–4334, Docket No.
FMCSA–2000–7165, Docket No.
FMCSA–2001–9561, Docket No.
FMCSA–2003–14504, Docket No.
SUMMARY:
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
FMCSA–2003–15892, Docket No.
FMCSA–2004–18885, Docket No.
FMCSA–2005–20027, Docket No.
FMCSA–2005–20560, Docket No.
FMCSA–2005–21254, Docket No.
FMCSA–2005–21711, Docket No.
FMCSA–2006–24783, Docket No.
FMCSA–2006–25246, Docket No.
FMCSA–2006–26066, Docket No.
FMCSA–2007–27333, Docket No.
FMCSA–2007–27515, Docket No.
FMCSA–2007–27897, Docket No.
FMCSA–2007–28695, Docket No.
FMCSA–2008–0021, Docket No.
FMCSA–2008–0398, Docket No.
FMCSA–2009–0086, Docket No.
FMCSA–2009–0121, Docket No.
FMCSA–2010–0082, Docket No.
FMCSA–2010–0161, Docket No.
FMCSA–2010–0187, Docket No.
FMCSA–2010–0201, Docket No.
FMCSA–2010–0327, Docket No.
FMCSA–2010–0372, Docket No.
FMCSA–2010–0385, Docket No.
FMCSA–2011–0010, Docket No.
FMCSA–2011–0057, Docket No.
FMCSA–2011–0092, Docket No.
FMCSA–2011–0102, Docket No.
FMCSA–2011–0141, Docket No.
FMCSA–2011–0142, Docket No.
FMCSA–2011–0189, Docket No.
FMCSA–2012–0040, Docket No.
FMCSA–2012–0279, Docket No.
FMCSA–2012–0280, Docket No.
FMCSA–2013–0021, Docket No.
FMCSA–2013–0025, Docket No.
FMCSA–2013–0027, Docket No.
FMCSA–2013–0029, Docket No.
FMCSA–2013–0030, Docket No.
FMCSA–2013–0165, Docket No.
FMCSA–2014–0010, Docket No.
FMCSA–2014–0300, Docket No.
FMCSA–2014–0304, Docket No.
FMCSA–2014–0305, Docket No.
FMCSA–2015–0048, Docket No.
FMCSA–2015–0049, Docket No.
FMCSA–2015–0052, Docket No.
FMCSA–2015–0053, Docket No.
FMCSA–2015–0350, Docket No.
FMCSA–2016–0028, Docket No.
FMCSA–2016–0033, Docket No.
FMCSA–2016–0210, Docket No.
FMCSA–2016–0213, Docket No.
FMCSA–2016–0214, Docket No.
FMCSA–2017–0016, Docket No.
FMCSA–2017–0018, Docket No.
FMCSA–2017–0019, Docket No.
FMCSA–2017–0022, Docket No.
FMCSA–2017–0023, Docket No.
FMCSA–2019–0006, Docket No.
FMCSA–2019–0008, Docket No.
FMCSA–2019–0011, or Docket No.
FMCSA–2019–0013 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number, FMCSA–1998–4334, FMCSA–
2000–7165, FMCSA–2001–9561,
E:\FR\FM\26AUN1.SGM
26AUN1
Agencies
[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Pages 47708-47710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18330]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0050]
Hours of Service of Drivers; Parts and Accessories: Application
for an Exemption From Cleveland-Cliffs Steel, LLC.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
[[Page 47709]]
SUMMARY: FMCSA requests public comment on an application for exemption
submitted by Cleveland-Cliffs Steel, LLC (Cliffs), formerly known as
ArcelorMittal Indiana Harbor, LLC, to allow its employee-drivers with
commercial driver's licenses (CDLs) who transport scrap metal on two
trucks between their production and shipping locations on public roads
to work up to 16 hours per day and to return to work with less than the
mandatory 10 consecutive hours off duty. The exemption is similar to
the exemption that allows Cliffs' drivers transporting steel coils to
work the same hours of services (HOS). Unlike the steel coil exemption,
the scrap metal trucks would comply with the heavy hauler trailer
definition, height of rear side marker lights restrictions, tire
loading restrictions, and the coil securement requirements in the
FMCSRs.
DATES: Comments must be received on or before September 27, 2021.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2016-0050 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/#!docketDetail;D=FMCSA-2016-0050. Follow the online
instructions for submitting comments.
Mail: Docket Operations, 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: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., 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 Dockets Operations.
Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] 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 on viewing or submitting material to the docket,
call Dockets Operations at (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 2016-0050), indicate the specific section of this
document to which the comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so FMCSA can contact you if there are questions regarding your
submission.
To submit your comment online, go to www.regulations.gov/#!docketDetail;D=FMCSA-2016-0050, click on the ``Comment Now!'' button
and type your comment into the text box on 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.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to https://www.regulations.gov/#!docketDetail;D=FMCSA-2016-0050 and choose the
document to review. If you do not have access to the internet, you may
view the docket online by visiting Dockets Operations in Room W12-140
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 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
Dockets Operations.
Privacy Act
DOT solicits comments from the public to better inform its
regulatory process, in accordance with 5 U.S.C. 553(c). 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--Federal Docket Management System), which
can be reviewed at www.transportation.gov/privacy.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31315(b) to grant exemptions
from certain parts of the 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 the safety analyses and the public comments
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)). If the Agency denies the request, it must state the reason
for doing so. If the decision is to grant the exemption, the notice
must specify the person or class of persons receiving the exemption and
the regulatory provision or provisions from which an exemption is
granted. The notice must specify the effective period of the exemption
(up to 5 years) and explain the terms and conditions of the exemption.
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).
Background
Under 49 CFR 381.315(a), FMCSA must publish a notice of each
exemption request in the Federal Register. The Agency must provide the
public with 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 the safety analyses and the public comments 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)). If the Agency denies the request, it must state the reason
for doing so. If the decision is to grant the exemption, the notice
must specify the person or class of persons receiving the exemption and
the regulatory provision or provisions from which an exemption
[[Page 47710]]
is granted. The notice must specify the effective period of the
exemption (up to 5 years) and explain the terms and conditions of the
exemption. The exemption may be renewed (49 CFR 381.315(c) and 49 CFR
381.300(b)).
III. Cliff's Application for Exemption
Cliffs, formerly known as ArcelorMittal, requests an exemption to
allow its employee-drivers with CDLs who transport scrap metal on two
trucks between their production and shipping locations to work up to 16
hours per day and return to work with less than the mandatory 10
consecutive hours off duty. The request is similar to the exemption
previously granted that allows Cliffs' drivers transporting steel coils
to work the same HOS, and travel the same distances and routes between
their production and shipping locations. Unlike the steel coil
exemption, the scrap trucks would comply with the definition of a
``heavy hauler trailer'' in 49 CFR 393.5; the required ``height of rear
side marker lights restrictions'' in 49 CFR 393.11 Table1--Footnote 4;
the ``tire loading restrictions'' in 49 CFR 393.75(f); and the ``coil
securement requirements'' in 49 CFR 393.120.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on Cliffs' exemption request. The
request was submitted as part of Cliffs' exemption renewal application
mentioned above. As a new request, however, it is subject to the
separate notice and comment provided by this document. All comments
received before the close of business on the comment closing date
indicated at the beginning of this notice will be considered and will
be available for examination in the docket at the location listed under
the ADDRESSES section of this notice. Comments received after the
comment closing date will be filed in the public docket and will be
considered to the extent practicable. In addition to late comments,
FMCSA will also continue to file, in the public docket, relevant
information that becomes available after the comment closing date.
Interested persons should continue to examine the public docket for new
material.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-18330 Filed 8-25-21; 8:45 am]
BILLING CODE 4910-EX-P