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

James A. Mullen
Federal Motor Carrier Safety Administration
24 June 2020

[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 38016-38018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13597]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0420]


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

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

ACTION: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: FMCSA announces its decision to renew the exemption from the 
minimum 30-minute rest break provision of the Agency's hours-of-service 
(HOS) regulations requested by the Specialized Carriers & Rigging 
Association (SC&RA) for certain commercial motor vehicle (CMV) drivers. 
The exemption covers drivers for all specialized carriers transporting 
loads that exceed normal weight and dimensional limits--oversize/
overweight (OS/OW) loads--and require a permit issued by a government 
authority. FMCSA has analyzed the exemption application and the public 
comments and has determined that the exemption, subject to the terms 
and conditions imposed, will likely achieve a level of safety that is 
equivalent to, or greater than, the level that would be achieved absent 
such exemption.

DATES: The exemption is applicable from June 18, 2020 through June 17, 
2025.

ADDRESSES: 
    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 Federal Docket Management System 
(FDMS) is available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments on-line.
    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 material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, ``FMCSA-2020-0420'' in the ``Keyword'' box and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document to review. If you do not have access to the internet, you 
may view the docket by visiting the Docket Management Facility in Room 
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey 
Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., 
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 Docket Operations.

[[Page 38017]]

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) 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

    The SC&RA requested a renewal of the exemption from the mandatory 
rest break requirement of 49 CFR 395.3(a)(3)(ii) on behalf of all 
specialized carriers and drivers responsible for the transportation of 
loads exceeding standard legal weight and dimensional limits--oversize/
overweight (OS/OW) loads--that require a permit issued by a government 
authority. The exemption was first granted on June 18, 2015 (80 FR 
34957) and later extended through June 17, 2020 (81 FR 79556, Nov. 14, 
2016).
    According to SC&RA the 30-minute break uniquely affects OS/OW loads 
and has exacerbated the number of instances in which drivers have had 
to park these loads at roadside, consequently impacting the safety of 
both the public and the driver. The renewed exemption would apply to 
all specialized carriers and drivers responsible for the transportation 
of loads that exceed maximum legal weight and dimensional limits--OS/OW 
loads--that require a permit issued by a government authority. The 
hours of operation in which a driver may move an OS/OW load on a valid 
permit vary tremendously from State to State, and even among local 
jurisdictions within a State, differ in terms of the days of the week 
and hours of the day when transit is allowed. Because hours in which an 
OS/OW load can travel are restricted by permit requirements, those 
hours will often conflict with the timing of the required 30-minute 
rest break.
    SC&RA specifically cites four instances demonstrating this 
conflict. As less space is available for parking OS/OW trucks, 
specialized tractor/trailer combinations transporting OS/OW loads will 
increasingly be parked alongside interstate or other highways and ramp 
shoulders, further compromising their safety and the safety of the 
public on the roadways.
    SC&RA states that the industry has been diligent in ensuring that 
its drivers are safety compliant by identifying, deploying, analyzing 
and monitoring best practices. The effectiveness of the industry's 
efforts is substantiated through its safety record. By demand and due 
to the type and nature of the size and weight involved, these drivers 
tend to be more experienced and skilled than many drivers in the motor 
carrier industry. Safety is achieved through rigorous, mandated 
training for all drivers on a regular basis, in conjunction with annual 
safety checks, and self-imposed random safety audits. Furthermore, most 
specialized transportation carriers conduct weekly--or sometimes more 
frequent--meetings with drivers to ensure that they are current on 
information with regard to operating OS/OW loads in their industry.
    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 
drivers resorting to less than ideal parking options, thereby reducing 
the frequency of lanes being partially or fully blocked.
    A copy of SC&RA's request is in the docket referenced at the 
beginning of this notice.

IV. Public Comments

    On April 30, 2020, FMCSA published notice of this application, and 
asked for public comment (85 FR 24086). The Truckload Carriers 
Association and 19 individuals submitted comments in favor of the 
exemption renewal; there were no opposing comments.
    TCA wrote:

    Inadequate truck parking already presents a problem for 
truckload carriers, but our members which haul OS/OW loads face even 
more overwhelming obstacles. As SC&RA pointed out in its request, 
the only option for drivers is often to park these loads on the 
shoulders of interstates, highways, and ramps. Drivers are required 
to protect and alert the motoring public by employing traffic 
control measures, but sometimes, the OS/OW load cannot be completely 
parked off the roadway. This situation clearly presents a heightened 
safety risk for the general motoring public, the driver, and public 
and emergency personnel. FMCSA agreed that these safety concerns are 
too significant to ignore and granted SC&RA's initial exemption 
request on June 18, 2015. Now, we encourage FMCSA to renew this 
exemption to protect safety through ensuring necessary flexibility 
in the federal regulations.

    One individual, Dave Wittwer stated ``We encourage FMCSA to renew 
the 30-minute exemption that expires on June 18. The basis of this 
recommendation is safety for the drivers and the public at large.''

V. FMCSA Decision

    FMCSA has evaluated SC&RA's application and the public comments. 
The Agency believes finding suitable parking for trucks with OS/OW 
loads is particularly difficult, as SC&RA pointed out, and the default 
option is likely to be parking on the shoulder of a highway, with the 
load sometimes extending into the lanes of traffic. No matter how well 
marked, trucks parked at roadside, especially at night, are too often 
mistaken for moving vehicles and struck, frequently with fatal 
consequences, before an inattentive driver can correct his or her 
mistake. FMCSA has therefore decided to grant the exemption, subject to 
the terms and conditions outlined below.

Terms of the Exemption

    1. Drivers of specialized loads moving in interstate commerce that 
exceed normal weight and dimensional limits--oversize/overweight (OS/
OW) loads--and require a permit issued by a government authority, are 
exempt from the requirement for a 30-minute rest break in Sec.  
395.3(a)(3)(ii). Drivers of loads not moving in interstate commerce are 
not eligible for this exemption.
    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. All 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.

[[Page 38018]]

Period of the Exemption

    This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is 
effective June 18, 2020 through June 17, 2025, 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 drivers must comply with all other applicable 
provisions of the FMCSRs.

Preemption

    In accordance with 49 U.S.C. 31315(d), during the period this 
exemption is in effect, no State shall enforce any law or regulation 
that conflicts with or is inconsistent with this exemption with respect 
to a firm or person operating under the exemption.

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'';
    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 believes carriers transporting OS/OW loads under permit will 
continue to maintain their previous safety record while operating under 
this exemption. However, should problems occur, FMCSA will take all 
steps necessary to protect the public interest, including revocation or 
restriction of the exemption. The FMCSA will immediately revoke or 
restrict the exemption for failure to comply with its terms and 
conditions.

James A. Mullen,
Deputy Administrator.
[FR Doc. 2020-13597 Filed 6-23-20; 8:45 am]
BILLING CODE 4910-EX-P