Hours of Service of Drivers: Specialized Carriers & Rigging Association; Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
16 March 2016

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14193-14195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05902]


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DEPARTMENT OF TRANSPORATION

Federal Motor Carrier Safety Administration

[FMCSA-2016-0096]


Hours of Service of Drivers: Specialized Carriers & Rigging 
Association; Application for Exemption

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application from the 
Specialized Carriers & Rigging Association (SC&RA) seeking exemption 
from two provisions of the Agency's hours-of-service (HOS) regulations 
for commercial motor vehicle (CMV) drivers. SC&RA asks that motor 
carriers and drivers operating mobile cranes with a rated lifting 
capacity of greater than 30 tons be exempted from the 30-minute break 
requirement and the 14-hour rule. SC&RA believes that these two HOS 
rules uniquely affect the operational efficiency of these crane 
operations and unnecessarily place the

[[Page 14194]]

driver and public at risk. FMCSA requests public comment on SC&RA's 
application for exemption.

DATES: Comments must be received on or before April 15, 2016.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2016-0096 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line FDMS is available 24 hours each 
day, 365 days each year
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Mr. Robert Schultz, FMCSA Driver and Carrier Operations 
Division; Office of Carrier, Driver and Vehicle Safety Standards; 
Telephone: 202-366-2718. Email: MCPSD@dot.gov. If you have questions on 
viewing or submitting material to the docket, contact Docket Services, 
telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2016-0096), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2016-0096'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope. FMCSA will consider all comments and material received 
during the comment period and may grant or not grant this application 
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain Federal Motor Carrier Safety Regulations 
(FMCSRs). FMCSA must publish a notice of each exemption request in the 
Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must 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. Request for Exemption

    On December 27, 2011 (76 FR 81133), FMCSA published a final rule 
amending its hours-of-service (HOS) regulations for drivers of 
property-carrying CMVs. The new rule included a provision requiring 
many drivers to take a rest break during the workday. Generally, if 8 
hours have passed since the end of the driver's last off-duty or 
sleeper-berth period of at least 30 minutes, the driver may not operate 
a CMV until he or she takes at least 30 minutes off duty (49 CFR 
395.3(a)(3)(ii)). FMCSA did not specify when drivers must take the 30-
minute break. The HOS rules also limit drivers of property-carrying 
CMVs to a 14-hour driving window each duty day (49 CFR 395.3(a)(2)). 
The window begins when the driver comes on duty following at least 10 
consecutive hours off duty. After the 14th consecutive hour from that 
point, the driver cannot operate a CMV until he or she obtains at least 
10 consecutive hours off duty. The requirements of the HOS rules apply 
to drivers of CMVs in interstate commerce and to their motor carrier 
employers who direct the drivers to operate the CMVs.
    On June 18, 2015 (80 FR 34957), FMCSA granted SC&RA an exemption 
from the 30-minute rest-break requirement for its members when 
transporting loads that exceed certain vehicle weight and size limits 
and therefore require a permit issued by a governmental authority. The 
Agency granted this exemption for the maximum period of two years 
permitted by the FMCSRs (Sec.  381.300(b)). Subsequently, section 
5206(a)(3) of the ``Fixing America's Surface Transportation Act'' (FAST 
Act) [Pub. L. 114-94, 129 Stat. 1312], effective October 1, 2015, gave 
the Agency authority to grant HOS exemptions for up to 5 years. Section 
5206(b)(2)(A) also provides that any exemption from 49 CFR part 395 
that was in effect on the date of enactment of the FAST Act is valid 
for 5 years from the date of the original exemption. The 30-minute 
exemption granted on June 18, 2015, is therefore valid until June 18, 
2020. SC&RA advises that the broader exemption now being requested is 
needed because mobile cranes do not always require oversize/overweight 
permits, but the drivers encounter HOS problems nevertheless.

[[Page 14195]]

    SC&RA advises that there are approximately 85,000 trained and 
certified mobile crane operators in the United States, and, of these, 
approximately 65,000 operate cranes over 30 tons lifting capacity.
    SC&RA seeks an exemption from the 14-hour rule and the requirement 
for a 30-minute break for drivers operating mobile cranes with a rated 
lifting capacity of greater than 30 tons. It asks that the exemptions 
be for a period of 5 years. SC&RA asserts that these two HOS rules 
frequently compel drivers of these cranes to stop driving and park the 
crane to avoid violating their terms. SC&RA states that complications 
arise at this point because the availability of parking for CMVs is 
very limited. SC&RA cites data indicating that there is a shortage of 
parking places for CMVs in the United States and notes ongoing Federal 
and State efforts to address this problem. Parking for cranes is even 
more limited because of the dimensions of these vehicles. SC&RA asserts 
that compliance with the two HOS rules often results in cranes being 
parked on the shoulder of public roads. SC&RA states the width of some 
cranes is such that they can only be parked partially on the shoulder 
and partially on a travel lane.
    SC&RA describes the unpredictable nature of the typical workday 
when a crane is fixed in place for lifting at a worksite. The applicant 
lists a number of variables that can complicate the scheduling of crane 
operations, including delays waiting for the item to be lifted to 
arrive at the work site or to be rigged so that the crane can lift it. 
Unexpected inclement weather can also trigger delays. SC&RA asserts 
that the primary result is that the workday may be unexpectedly 
extended. Thus, timing a crane's movement from the worksite and onto 
public roads at the end of the day is highly problematic. SC&RA points 
out that State and local restrictions limit the hours of the day, and 
sometimes the days of the week, that cranes may move on public roads. 
In addition, movement of cranes may require a pilot car, the display of 
signs and lights, and even an escort vehicle provided by state or local 
police. Movement of cranes is normally at speeds much slower than the 
posted speed limit, and is highly susceptible to weather and traffic 
conditions. SC&RA asserts that the two HOS rules from which it seeks 
exemption--the 30-minute-break and 14-hour rules--become most 
burdensome at this point. However, SC&RA acknowledges that crane 
operators cross State lines on less than 5 percent of their trips.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    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 
cranes being parked along public roads. It points out that its members 
generally drive a crane less than 2 hours a day. SC&RA states that its 
crane drivers have a low crash rate, and it attached copies of its 
driver training and safety manuals to the application for exemption. 
Copies of these documents are available for review in the docket for 
this notice.

    Issued on: March 10, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-05902 Filed 3-15-16; 8:45 am]
 BILLING CODE 4910-EX-P