Hours of Service of Drivers; Parts and Accessories: Application for Exemptions Renewal for Cleveland-Cliffs Steel, LLC, Formerly Known as ArcelorMittal Indiana Harbor, LLC, 54285-54287 [2021-21233]
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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices
Frequency of Response: Certificates of
insurance, surety bonds, and trust fund
agreements are required when the
transportation entity first registers with
FMCSA and then when such coverages
are changed or replaced by these
entities. Notices of cancellation are
required only when such certificates of
insurance, surety bonds, and trust fund
agreements are cancelled. The BMC–40
is filed only when a carrier seeks
approval from FMCSA to self-insure its
bodily injury and property damage (BI
& PD) and/or cargo liability coverage.
Estimated Total Annual Burden:
49,359 hours.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The Agency will
summarize or include your comments in
the request for OMB’s clearance of this
information collection.
Issued under the authority delegated
in 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2021–21195 Filed 9–29–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0050]
Hours of Service of Drivers; Parts and
Accessories: Application for
Exemptions Renewal for ClevelandCliffs Steel, LLC, Formerly Known as
ArcelorMittal Indiana Harbor, LLC
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption;
request for comments.
AGENCY:
FMCSA renews the
exemption granted Cleveland-Cliffs
Steel, LLC (Cliffs), formerly
ArcelorMittal Indiana Harbor, LLC, from
certain hours-of-service (HOS) and cargo
securement rules and requests public
comment on the renewal. The renewal
of the exemption allows Cliffs’
employee-drivers with commercial
driver’s licenses (CDLs), who transport
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SUMMARY:
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steel coils a fraction of a mile between
their production and shipping locations
on public roads, to continue to work up
to 16 hours per day, and to operate with
less than 10 consecutive hours off duty
between work shifts. The renewal of the
exemption also allows Cliffs to use
metal coil carriers that do not meet the
‘‘heavy hauler trailer’’ definition,
restrictions on the height of rear side
marker lamps, tire loading restrictions,
and the commodity-specific cargo
securement requirements for metal
coils. The Agency has concluded that
granting the request for a renewal of the
exemption will likely maintain a level
of safety that is equivalent to or greater
than the level of safety achieved through
compliance with the specific regulatory
requirements. The Agency requests
comments on the Cliff’s request for a
renewal of the exemption.
The renewal of the exemption is
effective September 23, 2021. Comments
must be received on or before November
1, 2021.
DATES:
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/#!docket
Detail;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.
ADDRESSES:
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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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54285
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 2021–0098), 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-201-0050,
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/#!docket
Detail;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,
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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices
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
Under 49 U.S.C. 31136(e) and
31315(b)(1), FMCSA may renew an
exemption from the Federal Motor
Carrier Safety Regulations for a 5-year
period if it finds ‘‘such exemption
would likely achieve a level of safety
that is equivalent to, or greater than, the
level that would be achieved absent
such exemption.’’ Cliffs has requested a
five-year extension of the current
exemption Docket No. FMCSA–2016–
0050. The procedures for requesting an
exemption (including renewals) are set
out in 49 CFR part 381.
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III. 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
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)).
IV. Basis for Renewing Exemption
Cliffs, formerly ArcelorMittal, applied
to renew an exemption that allows (1)
its employee-drivers with CDLs, who
transport steel coils between the
company’s production and shipping
locations on public roads, to work up to
16 hours per day and return to work
with less than the mandatory 10
consecutive hours off duty; and (2) to
use coil carriers that do not meet the
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18:15 Sep 29, 2021
Jkt 253001
‘‘heavy hauler trailer’’ definition,
restrictions on the height of rear side
marker lights, tire loading restrictions,
and the coil securement requirements in
part 393 of the FMCSRs. On September
23, 2016, FMCSA published a notice of
final disposition granting the exemption
until September 23, 2021 (81 FR 65574).
The renewal outlined in this notice
extends the exemption through
September 23, 2026, and requests public
comment.
Equivalent Level of Safety
With regard to the method to ensure
that a level of safety equivalent to
compliance with to the applicable
FMCSRs, the Agency indicated in its
September 23, 2016 notice that the
company asserted that it has taken
additional precautions to use public
roadways for the shortest possible
distances and only at controlled
intersections. The Agency explained
that the company ensures that all lights
are properly working on both the tractor
and trailer. It also flags and marks the
vehicles as ‘‘oversize’’ loads. Trailers
have conspicuity tape down the entire
side to make them more visible to other
traffic. FMCSA noted that the applicant
believes that its additional precautions
ensure a level of safety that is equivalent
to or exceeds the level of safety
achieved by following the regulations.
The company acknowledged in its
application that the drivers would
remain subject to all the other
applicable Federal regulations. This
includes qualification of drivers,
controlled substance and alcohol
testing. Also, the company would
ensure full compliance with the
inspection, repair and maintenance
rules.
FMCSA emphasizes that the renewal
of the exemptions would continue
under extremely narrow conditions.
One exemption enables the drivers them
to work up to 16 consecutive hours in
a duty period and return to work with
a minimum of at least 8 hours off duty
when necessary. This is somewhat
comparable to current HOS regulations
that allow certain ‘‘short-haul’’ drivers a
16-hour driving ‘‘window’’ once a week
(49 CFR 395.1(o)) and other non-CDL
short-haul drivers two 16-hour duty
periods per week (49 CFR 395.1(e)(2)),
provided specified conditions are met.
However, current regulations require a
minimum of 10 hours off duty between
duty periods.
The other exemption is restricted to
company’s coil carriers as described in
its application. The exemption enables
CMVs that do not meet the parts and
accessories requirements in part 393 to
use two short segments of public
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Sfmt 4703
highway to move coils from one part of
the plant to another for shipment to its
customers. The CMVs operated by
Cleveland-Cliffs’ drivers will be exposed
to other traffic for very brief periods, as
discussed above.
Preliminary Decision To Renew the
Exemption
FMCSA is not aware of any evidence
of a degradation in safety attributable to
the current exemption for employeedrivers and trucks that transport metal
coils. There is no indication of an
adverse impact on safety while
operating under the terms and
conditions specified in the September
23, 2016 (81 FR 65574) notice of final
determination.
The exemption is renewed subject to
the requirements that only Cliff’s drivers
that transport steel coil are exempted
from 49 CFR part 395. Drivers utilizing
the exemption may work up to 16
consecutive hours in a duty period and
return to work with a minimum of at
least 8 hours off duty when necessary.
In addition, the exemption from
certain sections in 49 CFR part 393
(§§ 393.5; 393.11 Table 1—Footnote 4;
393.75(f); and 393.120) is restricted to
Cliffs’ CMVs that transport coils. The
CMVs must only cross on Riley Road,
where they travel 80 feet and Dickey
Road and 129th Street where they travel
.2 miles to move coils from one part of
the plant to another for shipment to its
customers. All drivers must have CDLs
and drivers and vehicles must comply
with all other applicable provisions of
the Federal Motor Carrier Safety
Regulations. Cliffs must maintain any
oversize-overweight permits required by
local authorities.
The exemption will be rescinded if:
(1) Cliffs fail to comply with the terms
and conditions of the exemption; (2) the
exemption has resulted in a lower level
of safety than was maintained before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315.
The Agency believes that extending
the exemption granted on September 23,
2016 for another five years, under the
same terms and conditions, will likely
achieve a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption.
V. Request for Comments
FMCSA requests comments from
parties with data concerning the safety
record of Cliffs’ steel coil drivers and
their respective trucks. The Agency will
evaluate any adverse evidence
submitted and, if safety is being
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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Notices
compromised or if continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take
immediate steps to revoke Cliff’s
renewal exemption.
John Van Steenburg,
Executive Director.
[FR Doc. 2021–21233 Filed 9–29–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2021–0070]
Agency Information Collection
Activities; Notice and Request for
Comment; Incident Reporting for
Automated Driving Systems (ADS) and
Level 2 Advanced Driver Assistance
Systems (ADAS)
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for
comments on a request for extension of
a currently approved information
collection.
AGENCY:
The National Highway Traffic
Safety Administration (NHTSA) invites
public comments about our intention to
request approval from the Office of
Management and Budget (OMB) for an
extension of a currently approved
information collection. Before a Federal
agency can collect certain information
from the public, it must receive
approval from OMB. Under procedures
established by the Paperwork Reduction
Act of 1995, before seeking OMB
approval, Federal agencies must solicit
public comment on proposed
collections of information, including
extensions and reinstatements of
previously approved collections. This
document describes NHTSA’s
information collection for incident
reporting requirements for Automated
Driving Systems (ADS) and Level 2
Advanced Driver Assistance Systems
(ADAS). NHTSA recently requested
emergency review of its request for
approval of this information collection
and received a six-month approval.
NHTSA now intends to follow the
normal clearance procedures and
request OMB’s approval for a three-year
extension of this currently approved
information collection.
DATES: Comments must be submitted on
or before November 29, 2021.
ADDRESSES: You may submit comments
identified by the Docket No. NHTSA–
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18:15 Sep 29, 2021
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2021–0070 through any of the following
methods:
• Electronic submissions: Go to the
Federal eRulemaking Portal at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail or Hand Delivery: Docket
Management, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, West Building, Room W12–
140, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through
Friday, except on Federal holidays. To
be sure someone is there to help you,
please call (202) 366–9322 before
coming.
Instructions: All submissions must
include the agency name and docket
number for this notice. Note that all
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78) or you may visit https://
www.transportation.gov/privacy.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov or the street
address listed above. Follow the online
instructions for accessing the dockets
via internet.
FOR FURTHER INFORMATION CONTACT: For
additional information or access to
background documents, contact Jeff
Eyres, Office of Chief Counsel,
telephone (202) 913–4307, or email at
jeffrey.eyres@dot.gov, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), before an agency
submits a proposed collection of
information to OMB for approval
(including a request for an extension of
a currently approved collection), it must
first publish a document in the Federal
Register providing a 60-day comment
period and otherwise consult with
members of the public and affected
agencies concerning each proposed
collection of information. The OMB has
promulgated regulations describing
what must be included in such a
document. Under OMB’s regulation (5
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54287
CFR 1320.8(d)), an agency must ask for
public comment on the following: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the proposed collection
of information, including the validity of
the methodology and assumptions used;
(c) how to enhance the quality, utility,
and clarity of the information to be
collected; and (d) how to minimize the
burden of the collection of information
on those who are to respond, including
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g. permitting electronic submission of
responses. In compliance with these
requirements, NHTSA asks for public
comments on the following proposed
extension of a currently approved
collection of information, for which the
agency is seeking approval from OMB.
Title: Incident Reporting for
Automated Driving Systems (ADS) and
Level 2 Advanced Driver Assistance
Systems (ADAS).
OMB Control Number: 2127–0754.
Form Number(s): Form 1612.
Type of Request: Approval of an
extension of a currently approved
collection of information.
Type of Review Requested: Regular.
Requested Expiration Date of
Approval: 3 years from date of approval.
Summary of the Collection of
Information: The currently approved
information collection request (ICR) for
which NHTSA intends to request an
extension requires certain
manufacturers of motor vehicles and
equipment and operators of motor
vehicles to submit incident reports for
certain crashes involving Automated
Driving Systems (ADS) and Level 2
Advanced Driver Assistance Systems
(ADAS). These crash reporting
obligations are set forth in NHTSA’s
Standing General Order 2021–01
(General Order), which requires those
manufacturers and operators named in
and served with the General Order to
report crashes that meet specified
criteria to NHTSA.1
Specifically, the General Order
requires the named manufacturers and
operators (the reporting entities) to
submit reports if they receive notice of
certain crashes involving an ADS or
Level 2 ADAS equipped vehicle that
1 A copy of the General Order is available on
NHTSA’s website at https://www.nhtsa.gov/lawsregulations/standing-general-order-crash-reportinglevels-driving-automation-2-5.
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]]>Agencies
[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54285-54287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21233]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0050]
Hours of Service of Drivers; Parts and Accessories: Application
for Exemptions Renewal for Cleveland-Cliffs Steel, LLC, Formerly Known
as ArcelorMittal Indiana Harbor, LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA renews the exemption granted Cleveland-Cliffs Steel, LLC
(Cliffs), formerly ArcelorMittal Indiana Harbor, LLC, from certain
hours-of-service (HOS) and cargo securement rules and requests public
comment on the renewal. The renewal of the exemption allows Cliffs'
employee-drivers with commercial driver's licenses (CDLs), who
transport steel coils a fraction of a mile between their production and
shipping locations on public roads, to continue to work up to 16 hours
per day, and to operate with less than 10 consecutive hours off duty
between work shifts. The renewal of the exemption also allows Cliffs to
use metal coil carriers that do not meet the ``heavy hauler trailer''
definition, restrictions on the height of rear side marker lamps, tire
loading restrictions, and the commodity-specific cargo securement
requirements for metal coils. The Agency has concluded that granting
the request for a renewal of the exemption will likely maintain a level
of safety that is equivalent to or greater than the level of safety
achieved through compliance with the specific regulatory requirements.
The Agency requests comments on the Cliff's request for a renewal of
the exemption.
DATES: The renewal of the exemption is effective September 23, 2021.
Comments must be received on or before November 1, 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 2021-0098), 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-201-0050, 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,
[[Page 54286]]
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
Under 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA may renew an
exemption from the Federal Motor Carrier Safety Regulations for a 5-
year period if it finds ``such exemption would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved absent such exemption.'' Cliffs has requested a five-year
extension of the current exemption Docket No. FMCSA-2016-0050. The
procedures for requesting an exemption (including renewals) are set out
in 49 CFR part 381.
III. 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 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)).
IV. Basis for Renewing Exemption
Cliffs, formerly ArcelorMittal, applied to renew an exemption that
allows (1) its employee-drivers with CDLs, who transport steel coils
between the company's production and shipping locations on public
roads, to work up to 16 hours per day and return to work with less than
the mandatory 10 consecutive hours off duty; and (2) to use coil
carriers that do not meet the ``heavy hauler trailer'' definition,
restrictions on the height of rear side marker lights, tire loading
restrictions, and the coil securement requirements in part 393 of the
FMCSRs. On September 23, 2016, FMCSA published a notice of final
disposition granting the exemption until September 23, 2021 (81 FR
65574). The renewal outlined in this notice extends the exemption
through September 23, 2026, and requests public comment.
Equivalent Level of Safety
With regard to the method to ensure that a level of safety
equivalent to compliance with to the applicable FMCSRs, the Agency
indicated in its September 23, 2016 notice that the company asserted
that it has taken additional precautions to use public roadways for the
shortest possible distances and only at controlled intersections. The
Agency explained that the company ensures that all lights are properly
working on both the tractor and trailer. It also flags and marks the
vehicles as ``oversize'' loads. Trailers have conspicuity tape down the
entire side to make them more visible to other traffic. FMCSA noted
that the applicant believes that its additional precautions ensure a
level of safety that is equivalent to or exceeds the level of safety
achieved by following the regulations.
The company acknowledged in its application that the drivers would
remain subject to all the other applicable Federal regulations. This
includes qualification of drivers, controlled substance and alcohol
testing. Also, the company would ensure full compliance with the
inspection, repair and maintenance rules.
FMCSA emphasizes that the renewal of the exemptions would continue
under extremely narrow conditions. One exemption enables the drivers
them to work up to 16 consecutive hours in a duty period and return to
work with a minimum of at least 8 hours off duty when necessary. This
is somewhat comparable to current HOS regulations that allow certain
``short-haul'' drivers a 16-hour driving ``window'' once a week (49 CFR
395.1(o)) and other non-CDL short-haul drivers two 16-hour duty periods
per week (49 CFR 395.1(e)(2)), provided specified conditions are met.
However, current regulations require a minimum of 10 hours off duty
between duty periods.
The other exemption is restricted to company's coil carriers as
described in its application. The exemption enables CMVs that do not
meet the parts and accessories requirements in part 393 to use two
short segments of public highway to move coils from one part of the
plant to another for shipment to its customers. The CMVs operated by
Cleveland-Cliffs' drivers will be exposed to other traffic for very
brief periods, as discussed above.
Preliminary Decision To Renew the Exemption
FMCSA is not aware of any evidence of a degradation in safety
attributable to the current exemption for employee-drivers and trucks
that transport metal coils. There is no indication of an adverse impact
on safety while operating under the terms and conditions specified in
the September 23, 2016 (81 FR 65574) notice of final determination.
The exemption is renewed subject to the requirements that only
Cliff's drivers that transport steel coil are exempted from 49 CFR part
395. Drivers utilizing the exemption may work up to 16 consecutive
hours in a duty period and return to work with a minimum of at least 8
hours off duty when necessary.
In addition, the exemption from certain sections in 49 CFR part 393
(Sec. Sec. 393.5; 393.11 Table 1--Footnote 4; 393.75(f); and 393.120)
is restricted to Cliffs' CMVs that transport coils. The CMVs must only
cross on Riley Road, where they travel 80 feet and Dickey Road and
129th Street where they travel .2 miles to move coils from one part of
the plant to another for shipment to its customers. All drivers must
have CDLs and drivers and vehicles must comply with all other
applicable provisions of the Federal Motor Carrier Safety Regulations.
Cliffs must maintain any oversize-overweight permits required by local
authorities.
The exemption will be rescinded if: (1) Cliffs fail to comply with
the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315.
The Agency believes that extending the exemption granted on
September 23, 2016 for another five years, under the same terms and
conditions, will likely achieve a level of safety that is equivalent
to, or greater than, the level of safety achieved without the
exemption.
V. Request for Comments
FMCSA requests comments from parties with data concerning the
safety record of Cliffs' steel coil drivers and their respective
trucks. The Agency will evaluate any adverse evidence submitted and, if
safety is being
[[Page 54287]]
compromised or if continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA
will take immediate steps to revoke Cliff's renewal exemption.
John Van Steenburg,
Executive Director.
[FR Doc. 2021-21233 Filed 9-29-21; 8:45 am]
BILLING CODE 4910-EX-P
