Hours of Service of Drivers; Parts and Accessories: Application for an Exemption From Cleveland-Cliffs Steel, LLC.

Larry W. Minor
Federal Motor Carrier Safety Administration
26 August 2021

[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Pages 47708-47710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18330]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0050]


Hours of Service of Drivers; Parts and Accessories: Application 
for an Exemption From Cleveland-Cliffs Steel, LLC.

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

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

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[[Page 47709]]

SUMMARY: FMCSA requests public comment on an application for exemption 
submitted by Cleveland-Cliffs Steel, LLC (Cliffs), formerly known as 
ArcelorMittal Indiana Harbor, LLC, to allow its employee-drivers with 
commercial driver's licenses (CDLs) who transport scrap metal on two 
trucks between their production and shipping locations on public roads 
to work up to 16 hours per day and to return to work with less than the 
mandatory 10 consecutive hours off duty. The exemption is similar to 
the exemption that allows Cliffs' drivers transporting steel coils to 
work the same hours of services (HOS). Unlike the steel coil exemption, 
the scrap metal trucks would comply with the heavy hauler trailer 
definition, height of rear side marker lights restrictions, tire 
loading restrictions, and the coil securement requirements in the 
FMCSRs.

DATES: Comments must be received on or before September 27, 2021.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2016-0050 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2016-0050. Follow the online 
instructions for submitting comments.
     Mail: Docket Operations, 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: Dockets Operations, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, West Building, 
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m. 
and 5 p.m., 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 Dockets Operations.
     Fax: (202) 493-2251.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle 
and Roadside Operations Division, Office of Carrier, Driver, and 
Vehicle Safety, MC-PSV, (202) 366-5541, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. 
If you have questions on viewing or submitting material to the docket, 
call Dockets Operations at (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 2016-0050), indicate the specific section of this 
document to which the comment applies, and provide a reason for each 
suggestion or recommendation. 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 FMCSA can contact you if there are questions regarding your 
submission.
    To submit your comment online, go to www.regulations.gov/#!docketDetail;D=FMCSA-2016-0050, click on the ``Comment Now!'' button 
and type your comment into the text box on 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.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2016-0050 and choose the 
document to review. If you do not have access to the internet, you may 
view the docket online by visiting Dockets Operations in Room W12-140 
on the ground floor of the DOT West Building, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 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 
Dockets Operations.

Privacy Act

    DOT solicits comments from the public to better inform its 
regulatory process, in accordance with 5 U.S.C. 553(c). 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--Federal Docket Management System), which 
can be reviewed at www.transportation.gov/privacy.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31315(b) to grant exemptions 
from certain parts of the 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 the safety analyses and the public comments 
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)). If the Agency denies the request, it must state the reason 
for doing so. If the decision is to grant the exemption, the notice 
must specify the person or class of persons receiving the exemption and 
the regulatory provision or provisions from which an exemption is 
granted. The notice must specify the effective period of the exemption 
(up to 5 years) and explain the terms and conditions of the exemption. 
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).

Background

    Under 49 CFR 381.315(a), FMCSA must publish a notice of each 
exemption request in the Federal Register. The Agency must provide the 
public with 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 the safety analyses and the public comments 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)). If the Agency denies the request, it must state the reason 
for doing so. If the decision is to grant the exemption, the notice 
must specify the person or class of persons receiving the exemption and 
the regulatory provision or provisions from which an exemption

[[Page 47710]]

is granted. The notice must specify the effective period of the 
exemption (up to 5 years) and explain the terms and conditions of the 
exemption. The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 
381.300(b)).

III. Cliff's Application for Exemption

    Cliffs, formerly known as ArcelorMittal, requests an exemption to 
allow its employee-drivers with CDLs who transport scrap metal on two 
trucks between their production and shipping locations to work up to 16 
hours per day and return to work with less than the mandatory 10 
consecutive hours off duty. The request is similar to the exemption 
previously granted that allows Cliffs' drivers transporting steel coils 
to work the same HOS, and travel the same distances and routes between 
their production and shipping locations. Unlike the steel coil 
exemption, the scrap trucks would comply with the definition of a 
``heavy hauler trailer'' in 49 CFR 393.5; the required ``height of rear 
side marker lights restrictions'' in 49 CFR 393.11 Table1--Footnote 4; 
the ``tire loading restrictions'' in 49 CFR 393.75(f); and the ``coil 
securement requirements'' in 49 CFR 393.120.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on Cliffs' exemption request. The 
request was submitted as part of Cliffs' exemption renewal application 
mentioned above. As a new request, however, it is subject to the 
separate notice and comment provided by this document. All comments 
received before the close of business on the comment closing date 
indicated at the beginning of this notice will be considered and will 
be available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. Comments received after the 
comment closing date will be filed in the public docket and will be 
considered to the extent practicable. In addition to late comments, 
FMCSA will also continue to file, in the public docket, relevant 
information that becomes available after the comment closing date. 
Interested persons should continue to examine the public docket for new 
material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-18330 Filed 8-25-21; 8:45 am]
BILLING CODE 4910-EX-P