Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Castignoli Enterprises |
|---|
Topics: Castignoli Enterprises, Ford F-350
|
Raymond P. Martinez
Federal Motor Carrier Safety Administration
19 October 2018
[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Notices]
[Pages 53147-53149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22704]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0142]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Castignoli Enterprises
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant Castignoli Enterprises' (Castignoli)
application for a limited 5-year exemption to allow a sleeper berth to
be installed in the bed of a Ford F350 pickup truck that, when operated
in combination with certain trailers, is a commercial motor vehicle
(CMV) under the Federal Motor Carrier Safety Regulations (FMCSRs). A
sleeper berth installed in the bed of the pickup truck does not meet
the access, location, exit, communication, or occupant restraint
requirements for sleeper berths as prescribed in the FMCSRs. The Agency
has determined that allowing the sleeper berth to be installed in the
bed of the pickup would not have an adverse impact on safety and that
adherence to the terms and conditions of the exemption will likely
achieve a level of safety equivalent to or greater than the level of
safety provided by the regulation.
DATES: This exemption is applicable October 19, 2018 and ending
Thursday, October 19th, 2023.
FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590-0001.
Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, 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 document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. 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)).
Castignoli's Application for Exemption
Castignoli applied for an exemption from 49 CFR 393.76(a)(3),
(b)(2), (c), (d), and (h) to allow a sleeper berth to be installed in
the bed of a Ford F350 pickup truck. A copy of the application is
included in the docket referenced at the beginning of this notice.
Section 393.76 of the FMCSRs provides various requirements for
sleeper berths installed in in CMVs. Specific to Castignoli's exemption
application:
1. Section 393.76(a)(3), ``Access,'' requires a sleeper berth to be
constructed so that an occupant's ready entrance to, and exit from the
sleeper berth is not unduly hindered.
2. Section 393.76(b)(2), ``Location,'' requires a sleeper berth
located within the cargo space of a motor vehicle to be securely
compartmentalized from the remainder of the cargo space.
3. Section 393.76(c), ``Exit from the berth,'' requires a direct
and ready
[[Page 53148]]
means of exit from a sleeper berth into the driver's seat or
compartment.
4. Section 393.76(d), ``Communication with the driver,'' requires a
sleeper berth which is not located within the driver's compartment and
has no direct entrance into the driver's compartment to be equipped
with a means of communication between the occupant and the driver. The
means of communication may consist of a telephone, speaker tube,
buzzer, pull cord, or other mechanical or electrical device.
5. Section 393.76(h), ``Occupant restraint,'' requires a motor
vehicle manufactured on or after July 1, 1971, and equipped with a
sleeper berth to be equipped with a means of preventing ejection of the
occupant of the sleeper berth during deceleration of the vehicle. The
restraint system must be designed, installed, and maintained to
withstand a minimum total force of 6,000 pounds applied toward the
front of the vehicle and parallel to the longitudinal axis of the
vehicle.
The applicant states that he is the owner/operator of Castignoli,
and is the ``solo driver of a hot shot hauler, F350 1-ton pickup with
trailer . . .'' \1\ The applicant states that as a solo driver, ``there
is no ready need for access between the sleeper berth and the driver's
compartment.'' In addition, the applicant states:
---------------------------------------------------------------------------
\1\ In trucking, the term ``hot shot'' commonly refers to either
the truck or the freight--often both. In the former sense, its
normally a Class 3-5 truck used in combination with a variety of
trailers to run for hire freight, whether for a single customer or
less-than-truckload. The truck is often a \3/4\ to 1 \1/2\ ton
pickup outfitted with weight-distributing gooseneck or fifth-wheel-
type connections to a trailer.
I plan to incorporate the sleeper berth into the bed of the tow
vehicle. The utilization of this type of sleeper berth, would allow
myself (as the sole driver) to meet the hours of [10-hour] service
rest period requirements by utilizing a sleeper berth incorporated
into the bed of the vehicle (Rear covered, ventilated, insulated,
bed with cap and full size twin mattress) in lieu of a motel each
evening. The tow vehicle/trailer combination would not be operating
on the roadway during my 10-hour rest period, so there is no benefit
in having the access requirements to the driver compartment, nor any
need for communication with the driver (myself), nor any occupant
restraint requirement as the vehicle is not moving while I am
sleeping. The sleeper berth is separate from the trailer behind the
tow vehicle, and is therefore separate from the cargo.
The current FMCSR regulatory requirements for sleeper berth
access seem to rely on the assumption that one driver is driving
while another driver is in the sleeper berth, and that the truck is
moving always. The situation that I have as a single driver is that
when I am off duty, the vehicle is not moving and therefore direct
access to the sleeper berth area should not be required, and since
the vehicle is not moving there is no need for occupant restraint
systems nor a means for communication with the driver. All other
dimensional requirements, ventilation, and protection against
exhaust and fuel leaks will be met.
The applicant states that because of mobility issues associated
with a partially fused spine, it is easier for him to access a sleeper
berth installed in the bed of the pickup truck as opposed to a sleeper
berth that could be installed in the back seat of the pickup truck that
meets the requirements of the FMCSRs. The exemption would apply only to
Castignoli's sole driver and pickup truck. Castignoli believes that the
sleeper berth installed in the bed of the pickup truck will maintain a
level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption.
Comments
FMCSA published a notice of the application in the Federal Register
on April 24, 2018, and asked for public comment (83 FR 17883). The
Agency received sixty-five comments, all from individuals. Nearly all
of the commenters (61) supported the exemption application. These
commenters stated that sleeper berth requirements should be flexible
enough to allow a sleeper berth to be accessed from outside the driver
compartment for solo operators, and without the regulatory requirements
pertaining to access, exit from the berth, communication with the
driver, and occupant restraint for vehicles that are not moving during
the sleeper berth rest period. Two commenters opposed the exemption
application, expressing concerns that a sleeper berth installed in the
bed of a pickup truck will not be large enough to allow the driver
enough space to get adequate rest. Two commenters did not express
support or oppose the exemption application.
FMCSA Decision
The FMCSA has evaluated the Castignoli exemption application, and
the comments received. The Agency believes that granting the temporary
exemption to allow a sleeper berth to be installed in the pickup truck
bed will provide a level of safety that is equivalent to, or greater
than, the level of safety achieved without the exemption. Sleeper
berths provide an option for drivers to obtain the rest necessary under
the hours-of-service rules in part 395 of the FMCSRs without having to
pay lodging costs at a hotel/motel. In the case of team driving
operations, a sleeper berth allows one person to obtain the necessary
rest (a ``relief driver'') while the other person is driving, allowing
a vehicle to be operated continuously and thereby increasing
productivity.
Previous rulemakings have specifically noted the use of sleeper
berths by relief drivers in team driving operations. The sleeper berth
requirements were revised in April 1974 to increase the minimum
interior dimensional requirements for sleeper berths in CMVs (39 FR
14710). In that final rule, the Federal Highway Administration's Bureau
of Motor Carrier Safety (the predecessor to FMCSA) stated that ``In
sleeper berth trucking operations it is of critical importance that
relief drivers be fresh and alert when they assume their driving
tasks.'' [Emphasis added.] Additionally, when considering possible
changes to the shape of the sleeper berth, the Bureau of Motor Carrier
Safety stated that use of ``slant-back'' cab designs which incorporate
a slanted rear cab wall and do not provide a rectangular sleeper berth
compartment was not permissible because it ``represents an intrusion
into the relief driver's sleeping space.'' [Emphasis added.]
In team driving operations, it is important for the person in the
sleeper berth (i.e., the relief driver) to be able to communicate with
the person driving the vehicle, to be able to directly access the
driver's seat or compartment, and to be restrained when the vehicle is
in motion. These provisions are not applicable, however, in the case of
Castignoli where a solo driver is operating a pickup truck and a
trailer, and the sleeper berth is only used by the solo driver when the
vehicle is not in motion. In this operating scenario, FMCSA believes
that as long as the sleeper berth dimensional (Sec. 393.76(a)(1)),
shape (Sec. 393.76(a)(2)), equipment (Sec. 393.76(e)), ventilation
(Sec. 393.76(f)), and protection against exhaust and fuel leaks and
exhaust heat (Sec. 393.76(g)) provisions are satisfied, the solo
driver will be able to obtain the necessary rest and there will be no
degradation in safety. Additionally, the Agency believes that allowing
flexibility in the location of the sleeper berth is likely to improve
the overall level of safety to the motoring public by allowing drivers
additional options to get their mandatory rest periods.
Terms and Conditions for the Exemption
The Agency hereby grants the exemption for a 5-year period,
beginning October 19, 2018 and ending
[[Page 53149]]
Thursday, October 19, 2023. During the temporary exemption period,
Castignoli will be allowed to utilize a sleeper berth installed in the
bed of a pickup truck that, when operated in combination with certain
trailers, is a CMV. The sleeper berth must comply fully with the
requirements of Sec. 393.76(a)(1), Sec. 393.76(a)(2), Sec.
393.76(e), Sec. 393.76(f), and Sec. 393.76(g). The sleeper berth
shall be used only by the owner/operator of Castignoli, and no other
person is permitted to be in the sleeper berth while the vehicle is in
motion.
The exemption will be valid for 5 years unless rescinded earlier by
FMCSA. The exemption will be rescinded if: (1) Castignoli fails 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(b).
Interested parties possessing information that would demonstrate
that Castignoli's use of a sleeper berth installed in the bed of pickup
truck when operating as a CMV is not achieving the requisite statutory
level of safety should immediately notify FMCSA. The Agency will
evaluate any such information and, if safety is being compromised or if
the continuation of the exemption is not consistent with 49 U.S.C.
31136(e) and 31315(b), will take immediate steps to revoke the
exemption.
Preemption
In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to
Castignoli Enterprises operating under the exemption. States may, but
are not required to, adopt the same exemption with respect to
operations in intrastate commerce.
Issued on: October 10, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-22704 Filed 10-18-18; 8:45 am]
BILLING CODE 4910-EX-P