80_FR_35074 80 FR 34957 - Hours of Service of Drivers: Specialized Carriers & Rigging Association (SC&RA); Application for Exemption

80 FR 34957 - Hours of Service of Drivers: Specialized Carriers & Rigging Association (SC&RA); Application for Exemption

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 117 (June 18, 2015)

Page Range34957-34959
FR Document2015-15018

FMCSA announces its decision to grant the Specialized Carriers & Rigging Association (SC&RA) an exemption from the minimum 30-minute rest break provision of the Agency's hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. The exemption enables all specialized carriers and drivers responsible for the transportation of loads that exceed normal weight and dimensional limits--oversize/ overweight (OS/OW) loads--and require a permit issued by a government authority, to be exempt from the 30-minute rest break provision in 49 CFR 395.3(a)(3)(ii). FMCSA has analyzed the exemption application and the public comments and has determined that the exemption, subject to the terms and conditions imposed, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.

Federal Register, Volume 80 Issue 117 (Thursday, June 18, 2015)
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Notices]
[Pages 34957-34959]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15018]


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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 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 grant the Specialized Carriers 
& Rigging Association (SC&RA) an exemption from the minimum 30-minute 
rest break provision of the Agency's hours-of-service (HOS) regulations 
for commercial motor vehicle (CMV) drivers. The exemption enables all 
specialized carriers and drivers responsible for the transportation of 
loads that exceed normal weight and dimensional limits--oversize/
overweight (OS/OW) loads--and require a permit issued by a government 
authority, to be exempt from the 30-minute rest break provision in 49 
CFR 395.3(a)(3)(ii). FMCSA has analyzed the exemption application and 
the public comments and has determined that the exemption, subject to 
the terms and conditions imposed, will 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 effective June 18, 2015 and expires on June 18, 
2017.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver, and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: [email protected].

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 of the 
exemption (up to 2 years) and explain the terms and conditions of the 
exemption. The exemption may be renewed (49 CFR 381.300(b)).

Request for Exemption

    The SC&RA is an international trade association of nearly 1,300 
member companies from 43 nations. SC&RA members are involved in 
specialized transportation, machinery moving and erecting, industrial 
maintenance, millwrighting, and crane rigging, operation, 
manufacturing, and rental.
    SC&RA requests an exemption from the 30-minute rest break provision 
in 49 CFR 395.3(a)(3)(ii). The exemption

[[Page 34958]]

would apply industry-wide to 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. 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, impacting the safety of both the general public and the 
driver. The hours of operation in which a driver may move an OS/OW load 
on a valid permit vary from State to State, and among local 
jurisdictions within a State. Because hours in which an OS/OW load can 
travel are restricted by permit requirements, often those hours are in 
conflict with the timing of the required 30-minute rest break.
    According to SC&RA, as less space is available for parking OS/OW 
vehicles, specialized tractor/trailer combinations transporting OS/OW 
loads will increasingly be parked alongside interstate or other 
highways and ramp shoulders, further compromising safety. An average 
OS/OW load may measure approximately 15-16 feet wide and high and in 
excess of 100 feet in length. Occasionally, the safest option for 
drivers is to park such loads on the shoulders of interstate routes and 
other highways, and on ramps leading to and from those highways. This 
decision requires the driver to protect and alert the motoring public 
by employing traffic control measures such as setting up safety cones. 
In some instances, the OS/OW load is so large and/or the shoulder width 
is so limited, that the tractor-trailer combination cannot be properly 
parked off the roadway and therefore occupies an entire lane of the 
road.
    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 
industry. Safety is achieved through rigorous, mandated training for 
all drivers on a daily, weekly, monthly and quarterly 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.
    Further details regarding SC&RA's safety controls can be found in 
its application for exemption. The application can be accessed in the 
docket identified at the beginning of this notice. 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.
    The proposed exemption would be effective for 2 years, the maximum 
period allowed by Sec.  381.300.

Public Comments

    On November 24, 2014, FMCSA published notice of this application, 
and asked for public comment (79 FR 69983); 79 responses were 
submitted. Comments in favor of the proposed exemption were submitted 
by the California Construction Trucking Association (CCTA); Dawes 
Rigging & Crane Rental Inc.; Mammoet USA South Inc.; Miller Transfer; 
the Owner-Operator Independent Drivers Association (OOIDA); Suit-Kote 
Corporation; and 42 individuals and truck drivers.
    CCTA stated that it ``encourages FMCSA to grant the exemption from 
the 30-minute break requirement (49 CFR 395.3(a)(3)(ii)) requested by 
SC&RA because we believe granting the exemption request will achieve 
the same level of safety benefit when compared to those drivers still 
mandated to take the break.''
    OOIDA concurred ``with the request for exemption of the 30-minute 
break requirement submitted by the SCRA. The exemption request, which 
addresses a number of concerns raised by OOIDA members with the 2013 
changes to the hours-of-service regulations, would provide a level of 
safety equal to or greater than that achieved without the exemption. 
Oversize/Overweight loads present challenges for the driver and all 
other parties involved in the movement of the load.''
    Ms. Tiffany Myhre commented that ``I support the exemption filed by 
SC&RA regarding the 30 minute break requirement for carriers hauling 
oversize/overweight loads under a permit. This break can cause concerns 
when we have DPS escorts that are trying to push us through the 30 
minute break.''
    The American Trucking Associations (ATA) and the International 
Union of Operating Engineers (IUOE) were among 26 respondents that did 
not explicitly support or oppose the proposed exemption. Many of the 
individual respondents commented on the impracticality of the 30-minute 
rule and the unintended consequences it entails.
    The ATA wrote that ``The safety of the industry and the driving 
public is better served by rules that encourage flexibility to drive 
when alert and to make decisions to reduce risk. Furthermore, by 
crafting and enforcing a rigid rule that doesn't account for diversity 
of trucking operations, FMCSA is forced to expend additional valuable 
resources to address the myriad of exemption requests seeking the 
additional flexibility that should have been addressed during the 
rulemaking process.''
    A commenter who identified himself as Arthur P. stated that ``Most 
routes on 2 lane roads have no parking for trucks let alone a truck 
with an OS load. States like Ohio and Pennsylvania will not allow you 
off your route for fuel or food let alone a DOT required break. If you 
stop before you enter Ohio for your 30 minute break, you might not have 
enough time to cross Ohio. Then you will be in violation of Ohio law 
because you have nowhere to stop.''
    The IUOE recommended that ``the FMCSA undertake a study of the 
safety and health benefits of a 30-minute break for operators of 
specialized CMVs in the construction industry before making a 
determination on the SCRA's request for an exemption.'' IUOE also urged 
``the FMCSA to study the extent to which the SCRA's primary 
justification for the exemption from the rule--i.e., the alleged 
greater danger created by the limited availability of commercial 
vehicle parking spaces--is factually accurate for most OS/OW loads for 
which a permit is required given the distances typically travelled. 
Without this, information, the FMCSA is in no position to evaluate 
whether the SCRA has met its burden of proof.''
    The Advocates for Highway and Auto Safety (Advocates) were among 
the five respondents who opposed the exemption. The Advocates commented 
that ``None of the measures described by SCRA are related in any way to 
the need to combat the acute fatigue of working and driving a vehicle 
for up to eight hours straight. The FMCSA itself made the case that 
safety requires a one-half hour break after eight hours on duty, and 
the Application provides no information to either refute or countermand 
the need for that break time as it applies to OS/OW operators.''
    A commenter identified only as Trish said that ``All drivers are 
faced with the

[[Page 34959]]

challenge of finding refuge for the required 30 minute break, whether 
it's from traffic or fear of life in some instances. Continuing to 
grant exemptions defeats the purpose of the rule and is unfair to grant 
on the basis of someone's business model. Choosing to haul cattle, 
household OR oversize should not exempt carriers from the rules and 
regulations enacted to promote safety.''

FMCSA Decision

    FMCSA has evaluated SC&RA's application and the public comments and 
decided to grant the exemption. The arguments against the exemption are 
not trivial. While livestock may be physically endangered if the 
vehicle transporting them has to stop while the driver takes a 30-
minute break--as recognized in the exemption granted to livestock 
haulers (79FR 33634, June 11, 2014)--the same cannot be said of OS/OW 
loads. It is also true that parking shortages affect drivers of many 
types of vehicle. Nonetheless, 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 
mistake. Based on available information, the number of such crashes 
likely to occur during a 30-minute break cannot be estimated, but the 
Agency has concluded that drivers of OS/OW vehicles are at least as 
likely to be involved in a crash while parked at roadside during a 30-
minute break as while driving during that same period and the hour or 
so thereafter, where the break typically has the greatest benefit. 
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.
    4. All motor carriers operating under this exemption must have 
Safety Measurement System (SMS) scores below FMCSA's intervention 
thresholds, as displayed at http://ai.fmcsa.dot.gov/sms/.

Period of the Exemption

    This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is 
granted for the period from 12:01 a.m., June 18, 2015 through 11:59 
p.m., June 18, 2017.

 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 operating motor carrier and USDOT number,
    b. Date of the accident,
    c. City or town, and State, in which the accident occurred, or 
closest to the accident scene,
    d. Driver's name and license number and State of issuance,
    e. Vehicle number and State license plate number,
    f. Number of individuals suffering physical injury,
    g. Number of fatalities,
    h. The police-reported cause of the accident,
    i. Whether the driver was cited for violation of any traffic laws 
or motor carrier safety regulations, and
    j. The driver's total driving time and total on-duty time period 
prior to the accident.
    Reports filed under this provision shall be emailed to 
[email protected].

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.

    Issued on: June 8, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-15018 Filed 6-17-15; 8:45 am]
BILLING CODE 4910-EX-P



                                                                            Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices                                           34957

                                              Phase 2 assessment will include survey                  Approximately 693 hours annually.                      from the 30-minute rest break provision
                                              questions and short quizzes to be                       Total hours annually: 33,950.                          in 49 CFR 395.3(a)(3)(ii). FMCSA has
                                              answered by the participants before and                   Electronic Access: For access to the                 analyzed the exemption application and
                                              shortly after the training sessions, in                 docket to read background documents                    the public comments and has
                                              order to gauge student absorption and                   or comments received, go to http://                    determined that the exemption, subject
                                              retention of the course materials.                      www.regulations.gov. Follow the online                 to the terms and conditions imposed,
                                              Information will be collected in                        instructions for accessing the dockets.                will achieve a level of safety that is
                                              hardcopy or electronic form.                              Public Comments Invited: You are                     equivalent to, or greater than, the level
                                                 Phase 3 is a behavior assessment,                    asked to comment on any aspect of this                 that would be achieved absent such
                                              conducted at least two months                           information collection, including: (1)                 exemption.
                                              following the completion of the training                Whether the proposed collection of                     DATES: The exemption is effective June
                                              sessions. This phase is designed to                     information is necessary for the U.S.                  18, 2015 and expires on June 18, 2017.
                                              assess changes in responder behavior,                   DOT’s performance, including whether
                                              the relevance of those changes to                                                                              FOR FURTHER INFORMATION CONTACT: Mr.
                                                                                                      the information will have practical
                                              improved incident response, and their                                                                          Richard Clemente, FMCSA Driver and
                                                                                                      utility; (2) the accuracy of the U.S.
                                              sustainability over time. Information                                                                          Carrier Operations Division; Office of
                                                                                                      DOT’s estimate of the burden of the
                                              will be collected via survey of training                                                                       Carrier, Driver, and Vehicle Safety
                                                                                                      proposed information collection; (3)
                                              participants, their peers, and their                                                                           Standards; Telephone: 202–366–4325.
                                                                                                      ways to enhance the quality, usefulness,
                                              supervisors. Peer and supervisor                                                                               Email: MCPSD@dot.gov.
                                                                                                      and clarity of the collected information;
                                              feedback is essential to obtaining                                                                             SUPPLEMENTARY INFORMATION:
                                                                                                      and (4) ways that the burden could be
                                              objective, reliable assessments of trainee              minimized, including the use of                        Background
                                              behavior change. Information will be                    electronic technology, without reducing
                                              collected via electronic survey.                                                                                  FMCSA has authority under 49 U.S.C.
                                                                                                      the quality of the collected information.
                                                 Phase 4 assesses organizational                                                                             31136(e) and 31315 to grant exemptions
                                                                                                      The agency will summarize and/or
                                              change resulting from the training                                                                             from certain parts of the Federal Motor
                                                                                                      include your comments in the request
                                              program in the medium and long-terms.                                                                          Carrier Safety Regulations. FMCSA must
                                                                                                      for OMB’s clearance of this information
                                              Surveys will be distributed                                                                                    publish a notice of each exemption
                                                                                                      collection.
                                              electronically to senior management                                                                            request in the Federal Register (49 CFR
                                              officials of trainee organizations. Initial               Authority: The Paperwork Reduction Act               381.315(a)). The Agency must provide
                                              surveys will be conducted at least three                of 1995; 44 U.S.C. Chapter 35, as amended;             the public an opportunity to inspect the
                                                                                                      and 49 CFR 1.48.                                       information relevant to the application,
                                              months after training sessions, with
                                              annual follow-up surveys for up to three                  Issued on: June 11, 2015.                            including any safety analyses that have
                                              years to gauge long-term effects of the                 Michael Howell,                                        been conducted. The Agency must also
                                              training program.                                       Information Collections Officer.                       provide an opportunity for public
                                                 Respondents: For training                            [FR Doc. 2015–14933 Filed 6–17–15; 8:45 am]            comment on the request.
                                              participants: Approximately 33,905                      BILLING CODE 4910–22–P
                                                                                                                                                                The Agency reviews safety analyses
                                              training participants in the first year,                                                                       and public comments submitted, and
                                              36,905 in the second year, 53,905 in the                                                                       determines whether granting the
                                              third year—total of approximately                       DEPARTMENT OF TRANSPORTATION                           exemption would likely achieve a level
                                              124,715 participants over a three year                                                                         of safety equivalent to, or greater than,
                                              period. For supervisors: Approximately                  Federal Motor Carrier Safety                           the level that would be achieved by the
                                              3,390 in the first year, 3,690 in the                   Administration                                         current regulation (49 CFR 381.305).
                                              second year, and 5,390 in the third                                                                            The decision of the Agency must be
                                                                                                      [Docket No. FMCSA–2014–0420]
                                              year—total of 12,470 over three years.                                                                         published in the Federal Register (49
                                              For senior management: Approximately                    Hours of Service of Drivers:                           CFR 381.315(b)) with the reasons for
                                              1,130 in the first year, 1,230 in the                   Specialized Carriers & Rigging                         denying or granting the application and,
                                              second year, and 1,800 in the third                     Association (SC&RA); Application for                   if granted, the name of the person or
                                              year—4,160 total over three years,                      Exemption                                              class of persons receiving the
                                              including annual follow-up surveys of                                                                          exemption, and the regulatory provision
                                              first and second year organizations.                    AGENCY:  Federal Motor Carrier Safety                  from which the exemption is granted.
                                              Total estimated respondents per year:                   Administration (FMCSA), DOT.                           The notice must also specify the
                                              Approximately 38,425 in year one,                       ACTION: Notice of final disposition; grant             effective period of the exemption (up to
                                              41,925 in year two, 61,095 in year                      of application for exemption.                          2 years) and explain the terms and
                                              three—grand total of 141,445 over three                                                                        conditions of the exemption. The
                                              years.                                                  SUMMARY:   FMCSA announces its                         exemption may be renewed (49 CFR
                                                 Frequency: Annually.                                 decision to grant the Specialized                      381.300(b)).
                                                 Estimated Average Burden per                         Carriers & Rigging Association (SC&RA)
                                              Response: For training participants:                    an exemption from the minimum 30-                      Request for Exemption
                                              Approximately 45 minutes per                            minute rest break provision of the                        The SC&RA is an international trade
                                              participant. For supervisors:                           Agency’s hours-of-service (HOS)                        association of nearly 1,300 member
                                              Approximately 30 minutes per                            regulations for commercial motor                       companies from 43 nations. SC&RA
                                              participant. For senior managers:                       vehicle (CMV) drivers. The exemption                   members are involved in specialized
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Approximately 30 minutes per                            enables all specialized carriers and                   transportation, machinery moving and
                                              participant.                                            drivers responsible for the                            erecting, industrial maintenance,
                                                 Estimated Total Annual Burden                        transportation of loads that exceed                    millwrighting, and crane rigging,
                                              Hours: For training participants:                       normal weight and dimensional limits—                  operation, manufacturing, and rental.
                                              Approximately 31,179 hours annually.                    oversize/overweight (OS/OW) loads—                        SC&RA requests an exemption from
                                              For supervisors: Approximately 2,078                    and require a permit issued by a                       the 30-minute rest break provision in 49
                                              hours annually. For senior managers:                    government authority, to be exempt                     CFR 395.3(a)(3)(ii). The exemption


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                                              34958                         Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices

                                              would apply industry-wide to all                        regard to operating OS/OW loads in                     Operating Engineers (IUOE) were among
                                              specialized carriers and drivers                        their industry.                                        26 respondents that did not explicitly
                                              responsible for the transportation of                      Further details regarding SC&RA’s                   support or oppose the proposed
                                              loads exceeding standard legal weight                   safety controls can be found in its                    exemption. Many of the individual
                                              and dimensional limits—oversize/                        application for exemption. The                         respondents commented on the
                                              overweight (OS/OW) loads—that require                   application can be accessed in the                     impracticality of the 30-minute rule and
                                              a permit issued by a government                         docket identified at the beginning of this             the unintended consequences it entails.
                                              authority. According to SC&RA, the 30-                  notice. SC&RA does not foresee any                        The ATA wrote that ‘‘The safety of the
                                              minute break uniquely affects OS/OW                     negative impact to safety from the                     industry and the driving public is better
                                              loads and has exacerbated the number                    requested exemption. It believes that                  served by rules that encourage
                                              of instances in which drivers have had                  granting the exemption would have a                    flexibility to drive when alert and to
                                              to park these loads at roadside,                        favorable impact on overall safety by                  make decisions to reduce risk.
                                              impacting the safety of both the general                reducing the frequency of drivers                      Furthermore, by crafting and enforcing
                                              public and the driver. The hours of                     resorting to less than ideal parking                   a rigid rule that doesn’t account for
                                              operation in which a driver may move                    options, thereby reducing the frequency                diversity of trucking operations, FMCSA
                                              an OS/OW load on a valid permit vary                    of lanes being partially or fully blocked.             is forced to expend additional valuable
                                              from State to State, and among local                       The proposed exemption would be                     resources to address the myriad of
                                              jurisdictions within a State. Because                   effective for 2 years, the maximum                     exemption requests seeking the
                                              hours in which an OS/OW load can                        period allowed by § 381.300.                           additional flexibility that should have
                                              travel are restricted by permit                                                                                been addressed during the rulemaking
                                                                                                      Public Comments
                                              requirements, often those hours are in                                                                         process.’’
                                                                                                        On November 24, 2014, FMCSA                             A commenter who identified himself
                                              conflict with the timing of the required
                                                                                                      published notice of this application, and              as Arthur P. stated that ‘‘Most routes on
                                              30-minute rest break.
                                                                                                      asked for public comment (79 FR                        2 lane roads have no parking for trucks
                                                 According to SC&RA, as less space is                 69983); 79 responses were submitted.                   let alone a truck with an OS load. States
                                              available for parking OS/OW vehicles,                   Comments in favor of the proposed                      like Ohio and Pennsylvania will not
                                              specialized tractor/trailer combinations                exemption were submitted by the                        allow you off your route for fuel or food
                                              transporting OS/OW loads will                           California Construction Trucking                       let alone a DOT required break. If you
                                              increasingly be parked alongside                        Association (CCTA); Dawes Rigging &                    stop before you enter Ohio for your 30
                                              interstate or other highways and ramp                   Crane Rental Inc.; Mammoet USA South                   minute break, you might not have
                                              shoulders, further compromising safety.                 Inc.; Miller Transfer; the Owner-                      enough time to cross Ohio. Then you
                                              An average OS/OW load may measure                       Operator Independent Drivers                           will be in violation of Ohio law because
                                              approximately 15–16 feet wide and high                  Association (OOIDA); Suit-Kote                         you have nowhere to stop.’’
                                              and in excess of 100 feet in length.                    Corporation; and 42 individuals and                       The IUOE recommended that ‘‘the
                                              Occasionally, the safest option for                     truck drivers.                                         FMCSA undertake a study of the safety
                                              drivers is to park such loads on the                      CCTA stated that it ‘‘encourages                     and health benefits of a 30-minute break
                                              shoulders of interstate routes and other                FMCSA to grant the exemption from the                  for operators of specialized CMVs in the
                                              highways, and on ramps leading to and                   30-minute break requirement (49 CFR                    construction industry before making a
                                              from those highways. This decision                      395.3(a)(3)(ii)) requested by SC&RA                    determination on the SCRA’s request for
                                              requires the driver to protect and alert                because we believe granting the                        an exemption.’’ IUOE also urged ‘‘the
                                              the motoring public by employing traffic                exemption request will achieve the                     FMCSA to study the extent to which the
                                              control measures such as setting up                     same level of safety benefit when                      SCRA’s primary justification for the
                                              safety cones. In some instances, the OS/                compared to those drivers still                        exemption from the rule—i.e., the
                                              OW load is so large and/or the shoulder                 mandated to take the break.’’                          alleged greater danger created by the
                                              width is so limited, that the tractor-                    OOIDA concurred ‘‘with the request                   limited availability of commercial
                                              trailer combination cannot be properly                  for exemption of the 30-minute break                   vehicle parking spaces—is factually
                                              parked off the roadway and therefore                    requirement submitted by the SCRA.                     accurate for most OS/OW loads for
                                              occupies an entire lane of the road.                    The exemption request, which                           which a permit is required given the
                                                 SC&RA states that the industry has                   addresses a number of concerns raised                  distances typically travelled. Without
                                              been diligent in ensuring that its drivers              by OOIDA members with the 2013                         this, information, the FMCSA is in no
                                              are safety-compliant by identifying,                    changes to the hours-of-service                        position to evaluate whether the SCRA
                                              deploying, analyzing and monitoring                     regulations, would provide a level of                  has met its burden of proof.’’
                                              best practices. The effectiveness of the                safety equal to or greater than that                      The Advocates for Highway and Auto
                                              industry’s efforts is substantiated                     achieved without the exemption.                        Safety (Advocates) were among the five
                                              through its safety record. By demand                    Oversize/Overweight loads present                      respondents who opposed the
                                              and due to the type and nature of the                   challenges for the driver and all other                exemption. The Advocates commented
                                              size and weight involved, these drivers                 parties involved in the movement of the                that ‘‘None of the measures described by
                                              tend to be more experienced and skilled                 load.’’                                                SCRA are related in any way to the need
                                              than many drivers in the industry.                        Ms. Tiffany Myhre commented that ‘‘I                 to combat the acute fatigue of working
                                              Safety is achieved through rigorous,                    support the exemption filed by SC&RA                   and driving a vehicle for up to eight
                                              mandated training for all drivers on a                  regarding the 30 minute break                          hours straight. The FMCSA itself made
                                              daily, weekly, monthly and quarterly                    requirement for carriers hauling                       the case that safety requires a one-half
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                                              basis in conjunction with annual safety                 oversize/overweight loads under a                      hour break after eight hours on duty,
                                              checks, and self-imposed random safety                  permit. This break can cause concerns                  and the Application provides no
                                              audits. Furthermore, most specialized                   when we have DPS escorts that are                      information to either refute or
                                              transportation carriers conduct                         trying to push us through the 30 minute                countermand the need for that break
                                              weekly—or sometimes more frequent—                      break.’’                                               time as it applies to OS/OW operators.’’
                                              meetings with drivers to ensure that                      The American Trucking Associations                      A commenter identified only as Trish
                                              they are current on information with                    (ATA) and the International Union of                   said that ‘‘All drivers are faced with the


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                                                                            Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Notices                                                  34959

                                              challenge of finding refuge for the                     must be presented to law enforcement                     Reports filed under this provision
                                              required 30 minute break, whether it’s                  officials upon request.                                shall be emailed to MCPSD@DOT.GOV.
                                              from traffic or fear of life in some                       3. All motor carriers operating under
                                                                                                                                                             Termination
                                              instances. Continuing to grant                          this exemption must have a
                                              exemptions defeats the purpose of the                   ‘‘Satisfactory’’ safety rating with                      FMCSA believes carriers transporting
                                              rule and is unfair to grant on the basis                FMCSA, or be ‘‘unrated.’’ Motor carriers               OS/OW loads under permit will
                                              of someone’s business model. Choosing                   with ‘‘Conditional’’ or ‘‘Unsatisfactory’’             continue to maintain their previous
                                              to haul cattle, household OR oversize                   FMCSA safety ratings are prohibited                    safety record while operating under this
                                              should not exempt carriers from the                     from using this exemption.                             exemption. However, should problems
                                              rules and regulations enacted to                           4. All motor carriers operating under               occur, FMCSA will take all steps
                                              promote safety.’’                                       this exemption must have Safety                        necessary to protect the public interest,
                                                                                                      Measurement System (SMS) scores                        including revocation or restriction of the
                                              FMCSA Decision
                                                                                                      below FMCSA’s intervention                             exemption. The FMCSA will
                                                 FMCSA has evaluated SC&RA’s                          thresholds, as displayed at http://                    immediately revoke or restrict the
                                              application and the public comments                     ai.fmcsa.dot.gov/sms/.                                 exemption for failure to comply with its
                                              and decided to grant the exemption. The                                                                        terms and conditions.
                                              arguments against the exemption are not                 Period of the Exemption
                                                                                                                                                               Issued on: June 8, 2015.
                                              trivial. While livestock may be                           This exemption from the
                                              physically endangered if the vehicle                                                                           T.F. Scott Darling, III,
                                                                                                      requirements of 49 CFR 395.3(a)(3)(ii) is
                                              transporting them has to stop while the                                                                        Chief Counsel.
                                                                                                      granted for the period from 12:01 a.m.,
                                              driver takes a 30-minute break—as                       June 18, 2015 through 11:59 p.m., June                 [FR Doc. 2015–15018 Filed 6–17–15; 8:45 am]
                                              recognized in the exemption granted to                  18, 2017.                                              BILLING CODE 4910–EX–P
                                              livestock haulers (79FR 33634, June 11,
                                              2014)—the same cannot be said of OS/                    Extent of the Exemption
                                              OW loads. It is also true that parking                    This exemption is limited to the                     DEPARTMENT OF THE TREASURY
                                              shortages affect drivers of many types of               provisions of 49 CFR 395.3(a)(3)(ii).
                                              vehicle. Nonetheless, finding suitable                  These drivers must comply with all                     Internal Revenue Service
                                              parking for trucks with OS/OW loads is                  other applicable provisions of the
                                              particularly difficult, as SC&RA pointed                FMCSRs.                                                Agency Information Collection
                                              out, and the default option is likely to                                                                       Activity; Proposed Collection
                                              be parking on the shoulder of a                         Preemption
                                              highway, with the load sometimes                          In accordance with 49 U.S.C.                         AGENCY: Internal Revenue Service (IRS),
                                              extending into the lanes of traffic. No                 31315(d), during the period this                       Treasury.
                                              matter how well marked, trucks parked                   exemption is in effect, no State shall                 ACTION: Notice and request for
                                              at roadside, especially at night, are too               enforce any law or regulation that                     comments.
                                              often mistaken for moving vehicles and                  conflicts with or is inconsistent with
                                              struck, frequently with fatal                           this exemption with respect to a firm or               SUMMARY:   The Department of the
                                              consequences, before an inattentive                     person operating under the exemption.                  Treasury, as part of its continuing effort
                                              driver can correct his mistake. Based on                                                                       to reduce paperwork and respondent
                                              available information, the number of                    Notification to FMCSA                                  burden, invites the general public and
                                              such crashes likely to occur during a 30-                 Any motor carrier utilizing this                     other Federal agencies to take this
                                              minute break cannot be estimated, but                   exemption must notify FMCSA within 5                   opportunity to comment on proposed
                                              the Agency has concluded that drivers                   business days of any accident (as                      and/or continuing information
                                              of OS/OW vehicles are at least as likely                defined in 49 CFR 390.5), involving any                collections, as required by the
                                              to be involved in a crash while parked                  of the motor carrier’s CMV drivers                     Paperwork Reduction Act of 1995,
                                              at roadside during a 30-minute break as                 operating under the terms of this                      Public Law 104–13 (44 U.S.C.
                                              while driving during that same period                   exemption. The notification must                       3506(c)(2)(A)). Currently, the IRS is
                                              and the hour or so thereafter, where the                include the following information:                     soliciting comments concerning Special
                                              break typically has the greatest benefit.                 a. Name of operating motor carrier                   Valuation Rules.
                                              FMCSA has therefore decided to grant                    and USDOT number,                                      DATES: Written comments should be
                                              the exemption, subject to the terms and                   b. Date of the accident,                             received on or before August 17, 2015
                                              conditions outlined below.                                c. City or town, and State, in which                 to be assured of consideration.
                                                                                                      the accident occurred, or closest to the
                                              Terms of the Exemption                                                                                         ADDRESSES: Direct all written comments
                                                                                                      accident scene,
                                                                                                                                                             to Christie A. Preston, Internal Revenue
                                                1. Drivers of specialized loads moving                  d. Driver’s name and license number
                                                                                                                                                             Service, Room 6129, 1111 Constitution
                                              in interstate commerce that exceed                      and State of issuance,
                                                                                                                                                             Avenue NW., Washington, DC 20224.
                                              normal weight and dimensional limits—                     e. Vehicle number and State license
                                              oversize/overweight (OS/OW) loads—                      plate number,                                          FOR FURTHER INFORMATION CONTACT:
                                              and require a permit issued by a                          f. Number of individuals suffering                   Requests for additional information or
                                              government authority, are exempt from                   physical injury,                                       copies of the regulations should be
                                              the requirement for a 30-minute rest                      g. Number of fatalities,                             directed to Martha R. Brinson, Internal
                                              break in § 395.3(a)(3)(ii). Drivers of                    h. The police-reported cause of the                  Revenue Service, Room 6129, 1111
                                                                                                                                                             Constitution Avenue NW., Washington,
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                                              loads not moving in interstate                          accident,
                                              commerce are not eligible for this                        i. Whether the driver was cited for                  DC 20224, or through the Internet at
                                              exemption.                                              violation of any traffic laws or motor                 Martha.R.Brinson@irs.gov.
                                                2. Drivers must have a copy of this                   carrier safety regulations, and                        SUPPLEMENTARY INFORMATION:
                                              exemption document in their possession                    j. The driver’s total driving time and                 Title: Special Valuation Rules.
                                              while operating under the terms of the                  total on-duty time period prior to the                   OMB Number: 1545–1241.
                                              exemption. The exemption document                       accident.                                                Regulation Project Number: TD 8395.


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Document Created: 2018-02-22 11:12:06
Document Modified: 2018-02-22 11:12:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition; grant of application for exemption.
DatesThe exemption is effective June 18, 2015 and expires on June 18, 2017.
ContactMr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver, and Vehicle Safety Standards; Telephone: 202-366-4325. Email: [email protected]
FR Citation80 FR 34957 

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