Hours of Service of Drivers: American Concrete Pumping Association (ACPA); Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
21 June 2018

[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Notices]
[Pages 28898-28900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13316]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0175]


Hours of Service of Drivers: American Concrete Pumping 
Association (ACPA); 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 
American Concrete Pumping Association (ACPA) for an exemption from the 
requirement that short-haul drivers utilizing the records of duty 
status (RODS) exception return to their normal work-reporting location 
within 12 hours of coming on duty. ACPA requests that concrete pump 
operators be allowed to use the short-haul exception but return to 
their work-reporting location within 14 hours instead of the usual 12 
hours. The requested exemption would apply industry-wide to all 
concrete pump operators, concrete pumping companies, and drivers who 
operate concrete pumps. FMCSA requests public comment on ACPA's 
application for exemption.

DATES: Comments must be received on or before July 23, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2018-0175 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     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,

[[Page 28899]]

please contact Ms. Pearlie Robinson, FMCSA Driver and Carrier 
Operations Division; 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 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-2018-0175), 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-2018-0175'' 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

    ACPA seeks an exemption from the restriction of the RODS exception 
for short-haul operations available to drivers who return to their 
normal work reporting location and are released from work within 12 
hours [49 CFR 395.1(e)(1)(ii)(A)]. Specifically, ACPA requests that 
concrete pump operators be treated the same as drivers operating ready-
mixed concrete delivery vehicles as provided in Sec.  49 CFR 
395.1(e)(1)(ii)(B). Section 395.1(e)(1)(ii)(B) allows drivers of ready-
mixed concrete delivery vehicles to rely on the short-haul exception 
provided they return to their work-reporting locations and are released 
from work within 14 consecutive hours. The requested exemption would 
apply industry-wide to all concrete pump operators, concrete pumping 
companies, and drivers who deliver, set-up, and operate concrete pumps 
across the United States.
    ACPA currently represents more than 600 member companies employing 
over 7,000 workers nationwide. The exemption would be applied to all 
interstate concrete pumper trucks and their operators. Although many of 
the trucks operate intrastate and would therefore not be covered by an 
FMCSA exemption, an unknown number of the pumping trucks are operated 
in metropolitan areas and do routinely cross State lines.\1\
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    \1\ FMCSA does not generally have jurisdiction over intrastate 
transporation; however, most States have commercial motor vehicle 
statutes and regulations that are compatible with Federal 
regulations. With few exceptions, an FMCSA exemption only applies to 
interstate transportation, although some States honor them for 
intrastate traffic.
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    ACPA explained that, like ready-mixed concrete delivery trucks and 
asphalt pavement delivery trucks, concrete pumps work with a perishable 
product delivered on a just-in-time basis. Timing and scheduling are 
critical to ensure a high-quality result. Allowing concrete pump 
drivers to use the short-haul exception, but return to their reporting 
location within 14 hours instead of 12 hours, would harmonize the 
hours-of-service rules for drivers of concrete pumps with the rules for 
drivers of the vehicles that supply the concrete.
    ACPA explained that only a small percentage of the concrete pump 
operator's time is spent driving. On average, concrete pump operators 
spend between 25-32% of their time driving during a shift, and average 
daily driving distances are 20-25 miles. A pump operator has plenty of 
rest time with breaks ranging from 33%-55% of their total time pumping. 
The majority of an operator's time is spent waiting on ready-mixed 
concrete.
    ACPA further explained that a concrete pump cannot operate without 
a ready-mixed truck. Having conflicting requirements creates confusion 
on job sites. Clear and consistent requirements between the concrete 
pumps and the ready-mixed trucks will help ensure an equivalent level 
of safety on the job site. ACPA adds that concrete pumping and 
placement companies work in collaboration with ready-mixed companies. 
Scheduling local business contracts in compliance with State and 
Federal regulations is complicated, given that some concrete companies 
operate under different FMCSA rules.
    ACPA asserts that the concrete pumping industry has a solid safety 
record. Break periods, spent waiting for the ready-mixed trucks 
deliveries, provide opportunity for concrete pump operators to rest and 
relax. The ACPA Operator Certification Program ensures, encourages, and 
educates the concrete pump operators on safe concerete pumping and 
placement procedures. These safety practices allow concrete operators 
to maintain their safety record through careful training and well-
developed safety guidelines. Because of the concrete pump operators' 
training and preparation and numerous rest breaks, providing the 
additional 2 duty hours to concrete pump operators will have no impact 
on the level of safety provided under the short-haul exception. The 
requested exemption is for 5 years, with opportunity for renewals.
    A copy of the ACPA's application for exemption is available for 
review in the docket for this notice.


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    Issued on: June 15, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-13316 Filed 6-20-18; 8:45 am]
BILLING CODE 4910-EX-P