Hours of Service of Drivers: Specialized Carriers & Rigging Association (SC&RA); Application for Exemption

Raymond P. Martinez
Federal Motor Carrier Safety Administration
27 November 2018

[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60948-60950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25820]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0096]


Hours of Service of Drivers: Specialized Carriers & Rigging 
Association (SC&RA); Application for Exemption

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

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

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SUMMARY: FMCSA announces its decision to renew the Specialized Carriers 
& Rigging Association's (SC&RA) exemption from the 30-minute rest break 
rule of the Agency's hours-of-service (HOS) regulations for certain 
commercial motor vehicle (CMV) drivers. SC&RA currently holds an 
exemption valid through November 1, 2018. The exemption renewal is for 
five years. All qualifying motor carriers and drivers operating mobile 
cranes with a rated lifting capacity of greater than 30 tons are exempt 
from the 30-minute break provision.

DATES: The renewed exemption is effective through November 1, 2023. 
Comments must be received on or before December 27, 2018.

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 Ms. Pearlie Robinson, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: 202-366-4225. Email: MCPSD@dot.gov. If you have 
questions on viewing or submitting

[[Page 60949]]

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.

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. Background

    On December 27, 2011 (76 FR 81133), FMCSA published a final rule 
amending its HOS regulations for drivers of property-carrying CMVs. The 
rule requires most 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.

IV. Request for Exemption Renewal

    The SC&RA's initial application for exemption from the provisions 
of the 30-minute break rule was submitted in 2014; a copy of that 
application is in the docket identified at the beginning of this 
notice. The 2014 application describes fully the nature of SC&RA's 
operations and CMV drivers. The exemption, limited to drivers of 
oversize/overweight (OW/OW) vehicles, was granted on June 18, 2015 (80 
FR 34957) and extended to June 17, 2020 (see 81 FR 79556, November 14, 
2016).
    SC&RA subsequently requested an exemption from the 30-minute rest 
break and the 14-hour driving window for drivers of cranes with a 
lifting capacity of more than 30 tones. FMCSA granted an exemption from 
the 30-minute rule, but not from the 14-hour rule, on November 1, 2016 
(81 FR 75727). SC&RA requested a renewal of that exemption.
    The 2016 exemption excuses drivers operating mobile cranes with a 
rated lifting capacity of greater than 30 tons from the requirement to 
take a 30-minute break. 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 with a 
lifting capacity over 30 tons. While some of these cranes require an 
OS/OW permit, others do not. The 2016 exemption is therefore more 
inclusive than the 2015 exemption (now extended to 2020). SC&RA states 
that the HOS rules create complications because it is difficult to find 
suitable parking when crane drivers are required to go off duty. 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 their size. SC&RA asserts that these two HOS rules often 
require crane drivers to stop operating a CMV to avoid violating their 
provisions. The result is that cranes are often parked on the shoulder 
of public roads. SC&RA states the width of some cranes means they 
cannot be parked entirely off the travel lanes, creating a safety 
hazard for their own drivers and others.
    SC&RA describes the unpredictable nature of the typical workday of 
a crane operator. It lists a variety of variables that can complicate 
the scheduling of operations, including delays waiting for the item to 
be lifted to arrive at the work site or to be rigged for lifting. 
Unexpected inclement weather can also trigger delays. SC&RA asserts 
that the primary result is that the workday may be extended 
unexpectedly. Thus, timing a crane's movement from the worksite and 
onto public roads at the end of the day is highly problematic. It notes 
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, the movement of cranes may require a pilot car, the 
display of signs and lights, and even a police escort. Cranes normally 
move much slower than the posted speed limit, and are highly 
susceptible to weather and traffic conditions.
    SC&RA does not foresee any negative impact to safety from the 
requested exemption. It believes that continuing 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 and have low crash 
rates.
    FMCSA has not received any reports of accidents attributable to the 
30-minute exemption and has concluded that a renewal of the exemption, 
subject to the terms and conditions imposed, will achieve a level of 
safety that is equivalent to, or graer than, the level that would be 
achieved absent such exemption.
    It should also be noted that this renewed exemption is broader in 
scope than the original 2015 exemption (now extended to 2020) because 
it covers, not just cranes required to have an OS/OW permit, but all 
cranes with a lifting capacity over 30 tons. As a result, the 2015 
exemption may have been largely,

[[Page 60950]]

if not entirely, superseded by this exemption. The 2015 exemption 
(extended to 2020) remains in place, but will expire by its own terms 
in 2020, while this renewed exemption will remain in effect until 
November 1, 2023.

Terms of the Exemption

    1. All motor carriers and drivers operating mobile cranes with a 
rated lifting capacity of greater than 30 tons are exempt from the 30-
minute break requirement of 49 CFR 395.3(a)(3)(ii). The lifting 
capacity of the crane must be displayed on a manufacturer's 
certification plate on the crane or in manufacturer's documentation 
carried on the vehicle.
    2. Drivers must have a copy of this exemption document in their 
possession while operating under the terms of the exemption. The 
exemption document must be presented to law enforcement officials upon 
request.
    3. Motor carriers operating under this exemption must have a 
``Satisfactory'' safety rating with FMCSA, or be ``Unrated.'' Motor 
carriers with ``Conditional'' or ``Unsatisfactory'' FMCSA safety 
ratings are prohibited from using this exemption.

Period of the Exemption

    This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is 
effective November 1, 2018 through November 1, 2023, 11:59 p.m. local 
time.

Extent of the Exemption

    This exemption is limited to the provisions of 49 CFR 
395.3(a)(3)(ii). These motor carriers and drivers must comply with all 
other applicable provisions of the FMCSRs.

Preemption

    In accordance with 49 U.S.C. 31315(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 a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.

Notification to FMCSA

    Any motor carrier utilizing this exemption must notify FMCSA within 
5 business days of any accident (as defined in 49 CFR 390.5), involving 
any of the motor carrier's CMV drivers operating under the terms of 
this exemption. The notification must include the following 
information:
    a. Name of Exemption: ``SC&RA cranes'',
    b. Name of operating motor carrier and USDOT number,
    c. Date of the accident,
    d. City or town, and State, in which the accident occurred, or 
closest to the accident scene,
    e. Driver's name and license number and State of issuance,
    f. Vehicle number and State license plate number,
    g. Number of individuals suffering physical injury,
    h. Number of fatalities,
    i. The police-reported cause of the accident,
    j. Whether the driver was cited for violation of any traffic laws 
or motor carrier safety regulations, and
    k. The driver's total driving time and total on-duty time prior to 
the accident.
    Reports filed under this provision shall be emailed to 
MCPSD@DOT.GOV.

Termination

    FMCSA does not believe the drivers covered by this exemption will 
experience any deterioration of their safety record.
    Interested parties or organizations possessing information that 
would otherwise show that any or all of these motor carriers are not 
achieving the requisite statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any information submitted and, 
if safety is being compromised or if the continuation of the exemption 
is inconsistent with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA will 
immediately take steps to revoke the exemption of the company or 
companies and drivers in question.

    Issued on: November 14, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-25820 Filed 11-26-18; 8:45 am]
 BILLING CODE 4910-EX-P