81 FR 75727 - Hours of Service of Drivers: Specialized Carriers & Rigging Association (SC&RA); Application for Exemption; Final Disposition
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 211 (November 1, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 211 (November 1, 2016)
| Page Range | 75727-75729 | |
| FR Document | 2016-26333 |
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)] [Rules and Regulations] [Pages 75727-75729] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26333] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 395 [Docket No. FMCSA-2016-0096] Hours of Service of Drivers: Specialized Carriers & Rigging Association (SC&RA); Application for Exemption; Final Disposition AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; partial grant and partial denial of application for exemption. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to grant the Specialized Carriers & Rigging Association (SC&RA) an exemption from the 30-minute rest break rule of the Agency's hours-of-service (HOS) regulations for certain commercial motor vehicle (CMV) drivers. The Agency denies SC&RA's further request for exemption from the 14-hour driving window of the HOS rules. 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. FMCSA has analyzed the exemption application and 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 November 1, 2016 and expires on November 1, 2018. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, contact Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: [email protected]. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: Background 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)). Request for Exemption 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. The HOS rules also limit drivers of property- carrying CMVs to a 14-hour driving window each duty day (49 CFR 395.3(a)(2)). The window begins when the driver comes on duty following at least 10 consecutive hours off duty. After the 14th consecutive hour from that point, the driver cannot operate a CMV until he or she obtains at least 10 consecutive hours off duty. The requirements of the HOS rules apply to drivers of CMVs and to their motor carrier employers who direct the drivers to operate the CMVs. On June 18, 2015, FMCSA granted SC&RA an exemption from the 30- minute rest-break requirement for qualifying drivers operating certain large and heavy vehicles that require an oversize/overweight (OS/OW) permit issued by State or local government (80 FR 34957). The Agency granted this exemption for the maximum period of 2 years permitted by the FMCSRs at that time. On December 4, 2015, the President signed the ``Fixing America's Surface Transportation Act'' (FAST Act)(Pub. L. 114- 94). Section 5206(a)(3) of the FAST Act amended 49 U.S.C. 31315(b) to give FMCSA the authority to grant exemptions for up to 5 years. In [[Page 75728]] addition section 5206(b)(2)(A) extended any HOS exemption in effect on the date of enactment for a period of 5 years from the date it was issued. While that provision automatically extended SC&RA's June 2015 exemption for drivers of vehicles requiring an oversize/overweight permit, FMCSA is using its authority under 49 U.S.C. 31315(b)(2)(1) to issue the exemption from the 30-minute break requirement for mobile crane operators for 2 years from the date of this notice. 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 a permit due to their size or weight, others do not. SC&RA seeks an exemption from the 14-hour rule and the requirement for a 30-minute break for drivers operating mobile cranes with a rated lifting capacity of greater than 30 tons. 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 granting 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. Public Comments FMCSA published the SC&RA exemption application for comment on March 16, 2016 (81 FR 14052). The Agency received 13 comments, most supporting the exemption. These commenters asserted that crane operators actually drive very little on public roads, and thus are less likely to suffer from driving fatigue than long-haul CMV drivers. Commenters also described the typical duty day of crane operators at the work site, and pointed out that there are substantial periods when they have to wait for others to complete preparations for the lift. These commenters also described the relatively short distances cranes are driven on public roads at the beginning and end of the day. NationsBuilders Insurance Services, Inc. commented that the drive unit of a crane generally logs only 60,000 miles in 9 years. Commenters opposing the exemption suggest that motor carriers could avoid or ameliorate their scheduling difficulties by employing a second crane driver. Advocates for Highway and Auto Safety (Advocates) found the application for exemption fatally deficient because it ``fails to include any analysis of the safety impacts of the requested exemption.'' Advocates also stated that SC&RA ignored the requirement that it ``carefully review the regulation to determine whether there are any practical alternatives already available'' that would allow it to conduct its operations and comply with the HOS rules. Advocates also believes that SC&RA carriers could overcome the numerous variables affecting these operations by stronger management of their CMV fleets. FMCSA Decision FMCSA has evaluated SC&RA's application and the public comments and has decided to grant an exemption from the 30-minute rule but to deny an exemption from the 14-hour rule. The Agency believes that the exempt crane drivers will likely achieve a level of safety that is equivalent to or greater than, the level of safety achieved without the exemption [49 CFR 381.305(a)]. The schedules of these CMV drivers are characterized by daytime hours, low-stress periods of waiting during the workday, and very limited hours of actual driving on public roads. In addition, these loads are sometimes escorted by other vehicles and operate at low speeds. The unpredictable workday of a mobile-crane operator, with its frequent interruptions and down time, reduces the risk of cumulative fatigue and thus the urgency of a 30-minute break. Providing an exemption from the break will also reduce the number of situations where a crane operator has to park at roadside midway through a move between job sites in order to comply with the 30-minute break rule. The Agency is concerned with parking shortages, especially for very large vehicles. It is highly undesirable to have cranes parked on the shoulders of highways, much less extending into the travel lanes. No matter how well marked, trucks parked at roadside, especially at night, are too easily mistaken for moving vehicles and struck at full speed, with serious consequences. However, the Agency is not granting exemption from the 14-hour rule. The absence of this limit would allow drivers to operate without any restriction on the length of their duty day. The risk that safety would deteriorate in the absence of this requirement is high. While we agree that the 30-minute break rule is unnecessarily restrictive for operators of large mobile cranes, the 14-hour window is far less restrictive. It is a critical factor in containing fatigue that might otherwise develop. The 14-hour rule is a limit that should be built into the planning of mobile crane operations. For these reasons, the Agency grants an exemption from the 30- minute rest-break requirement, subject to the terms and conditions in this Federal Register notice, but denies an exemption from the 14-hour rule. 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 [[Page 75729]] 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 granted for the period from 12:01 a.m., November 1, 2016 through 11:59 p.m., November 1, 2018. 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. 31313(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 [email protected] Termination FMCSA believes motor carriers conducting crane operations under this exemption will continue to maintain their safety record while operating under this exemption. However, should safety be compromised, 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: October 20, 2016. T.F. Scott Darling, III, Administrator. [FR Doc. 2016-26333 Filed 10-31-16; 8:45 am] BILLING CODE 4910-EX-P
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vibration cadence and audio attention DEPARTMENT OF TRANSPORTATION been conducted. The Agency must also
signal. provide an opportunity for public
Federal Motor Carrier Safety comment on the request.
■ 14. Effective December 1, 2016, Administration The Agency reviews safety analyses
§ 10.520 is amended by revising and public comments submitted, and
paragraph (d) to read as follows: 49 CFR Part 395 determines whether granting the
exemption would likely achieve a level
§ 10.520 Common audio attention signal. [Docket No. FMCSA–2016–0096]
of safety equivalent to, or greater than,
* * * * * the level that would be achieved by the
Hours of Service of Drivers:
(d) No person may transmit or cause Specialized Carriers & Rigging current regulation (49 CFR 381.305).
to transmit the WEA common audio Association (SC&RA); Application for The decision of the Agency must be
attention signal, or a recording or Exemption; Final Disposition published in the Federal Register (49
simulation thereof, in any circumstance CFR 381.315(b)) with the reasons for
other than in an actual National, State AGENCY: Federal Motor Carrier Safety denying or granting the application and,
or Local Area emergency or authorized Administration (FMCSA), DOT. if granted, the name of the person or
test, except as designed and used for ACTION: Notice of final disposition; class of persons receiving the
Public Service Announcements (PSAs) partial grant and partial denial of exemption, and the regulatory provision
application for exemption. from which the exemption is granted.
by federal, state, local, tribal and
The notice must also specify the
territorial entities, and non- SUMMARY: FMCSA announces its effective period and explain the terms
governmental organizations in decision to grant the Specialized and conditions of the exemption. The
coordination with those entities, to raise Carriers & Rigging Association (SC&RA) exemption may be renewed (49 CFR
public awareness about emergency an exemption from the 30-minute rest 381.300(b)).
alerting, provided that the entity break rule of the Agency’s hours-of-
presents the PSA in a non-misleading Request for Exemption
service (HOS) regulations for certain
manner, including by explicitly stating commercial motor vehicle (CMV) On December 27, 2011 (76 FR 81133),
that the emergency alerting attention drivers. The Agency denies SC&RA’s FMCSA published a final rule amending
signal is being used in the context of a further request for exemption from the its HOS regulations for drivers of
PSA for the purpose of educating the 14-hour driving window of the HOS property-carrying CMVs. The rule
viewing or listening public about rules. All qualifying motor carriers and requires most drivers to take a rest break
emergency alerting. drivers operating mobile cranes with a during the workday. Generally, if 8
rated lifting capacity of greater than 30 hours have passed since the end of the
* * * * * driver’s last off-duty or sleeper-berth
tons are exempt from the 30-minute
PART 11—EMERGENCY ALERT break provision. FMCSA has analyzed period of at least 30 minutes, the driver
the exemption application and public may not operate a CMV until he or she
SYSTEM
comments and has determined that the takes at least 30 minutes off duty (49
exemption, subject to the terms and CFR 395.3(a)(3)(ii)). FMCSA did not
■ 15. The authority citation for part 11 specify when drivers must take the 30-
continues to read as follows: conditions imposed, will achieve a level
of safety that is equivalent to, or greater minute break. The HOS rules also limit
Authority: 47 U.S.C. 151, 154 (i) and (o), than, the level that would be achieved drivers of property-carrying CMVs to a
303(r), 544(g) and 606. absent such exemption. 14-hour driving window each duty day
(49 CFR 395.3(a)(2)). The window
■ 16. Effective December 1, 2016, DATES: The exemption is effective
begins when the driver comes on duty
§ 11.45 is revised to read as follows: November 1, 2016 and expires on following at least 10 consecutive hours
November 1, 2018. off duty. After the 14th consecutive
§ 11.45 Prohibition of false or deceptive FOR FURTHER INFORMATION CONTACT: For hour from that point, the driver cannot
EAS transmissions. information concerning this notice, operate a CMV until he or she obtains
No person may transmit or cause to contact Mr. Thomas Yager, Chief, at least 10 consecutive hours off duty.
transmit the EAS codes or Attention FMCSA Driver and Carrier Operations The requirements of the HOS rules
Signal, or a recording or simulation Division; Office of Carrier, Driver and apply to drivers of CMVs and to their
thereof, in any circumstance other than Vehicle Safety Standards; Telephone: motor carrier employers who direct the
in an actual National, State or Local 614–942–6477. Email: MCPSD@dot.gov. drivers to operate the CMVs.
Area emergency or authorized test of the If you have questions on viewing or On June 18, 2015, FMCSA granted
submitting material to the docket, SC&RA an exemption from the 30-
EAS, or as specified in § 10.520(d) of
contact Docket Services, telephone (202) minute rest-break requirement for
this chapter.
366–9826. qualifying drivers operating certain
[FR Doc. 2016–26120 Filed 10–31–16; 8:45 am]
SUPPLEMENTARY INFORMATION: large and heavy vehicles that require an
BILLING CODE 6712–01–P oversize/overweight (OS/OW) permit
Background issued by State or local government (80
FMCSA has authority under 49 U.S.C. FR 34957). The Agency granted this
31136(e) and 31315 to grant exemptions exemption for the maximum period of 2
from certain Federal Motor Carrier years permitted by the FMCSRs at that
jstallworth on DSK7TPTVN1PROD with RULES
Safety Regulations (FMCSRs). FMCSA time. On December 4, 2015, the
must publish a notice of each exemption President signed the ‘‘Fixing America’s
request in the Federal Register (49 CFR Surface Transportation Act’’ (FAST
381.315(a)). The Agency must provide Act)(Pub. L. 114–94). Section 5206(a)(3)
the public an opportunity to inspect the of the FAST Act amended 49 U.S.C.
information relevant to the application, 31315(b) to give FMCSA the authority to
including any safety analyses that have grant exemptions for up to 5 years. In
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addition section 5206(b)(2)(A) extended speed limit, and are highly susceptible 381.305(a)]. The schedules of these
any HOS exemption in effect on the date to weather and traffic conditions. CMV drivers are characterized by
of enactment for a period of 5 years from SC&RA does not foresee any negative daytime hours, low-stress periods of
the date it was issued. While that impact to safety from the requested waiting during the workday, and very
provision automatically extended exemption. It believes that granting the limited hours of actual driving on
SC&RA’s June 2015 exemption for exemption would have a favorable public roads. In addition, these loads
drivers of vehicles requiring an impact on overall safety by reducing the are sometimes escorted by other
oversize/overweight permit, FMCSA is frequency of cranes being parked along vehicles and operate at low speeds.
using its authority under 49 U.S.C. public roads. It points out that its The unpredictable workday of a
31315(b)(2)(1) to issue the exemption members generally drive a crane less mobile-crane operator, with its frequent
from the 30-minute break requirement than 2 hours a day and have low crash interruptions and down time, reduces
for mobile crane operators for 2 years rates. the risk of cumulative fatigue and thus
from the date of this notice. Public Comments the urgency of a 30-minute break.
SC&RA advises that there are Providing an exemption from the break
FMCSA published the SC&RA will also reduce the number of
approximately 85,000 trained and
exemption application for comment on situations where a crane operator has to
certified mobile crane operators in the
March 16, 2016 (81 FR 14052). The
United States, and, of these, park at roadside midway through a
Agency received 13 comments, most
approximately 65,000 operate cranes move between job sites in order to
supporting the exemption. These
with a lifting capacity over 30 tons. comply with the 30-minute break rule.
commenters asserted that crane
While some of these cranes require a The Agency is concerned with parking
operators actually drive very little on
permit due to their size or weight, shortages, especially for very large
public roads, and thus are less likely to
others do not. SC&RA seeks an vehicles. It is highly undesirable to have
suffer from driving fatigue than long-
exemption from the 14-hour rule and cranes parked on the shoulders of
haul CMV drivers. Commenters also
the requirement for a 30-minute break highways, much less extending into the
described the typical duty day of crane
for drivers operating mobile cranes with travel lanes. No matter how well
operators at the work site, and pointed
a rated lifting capacity of greater than 30 out that there are substantial periods marked, trucks parked at roadside,
tons. SC&RA states that the HOS rules when they have to wait for others to especially at night, are too easily
create complications because it is complete preparations for the lift. These mistaken for moving vehicles and struck
difficult to find suitable parking when commenters also described the at full speed, with serious
crane drivers are required to go off duty. relatively short distances cranes are consequences.
SC&RA cites data indicating that there driven on public roads at the beginning However, the Agency is not granting
is a shortage of parking places for CMVs and end of the day. NationsBuilders exemption from the 14-hour rule. The
in the United States and notes ongoing Insurance Services, Inc. commented that absence of this limit would allow
Federal and State efforts to address this the drive unit of a crane generally logs drivers to operate without any
problem. Parking for cranes is even only 60,000 miles in 9 years. restriction on the length of their duty
more limited because of their size. Commenters opposing the exemption day. The risk that safety would
SC&RA asserts that these two HOS rules suggest that motor carriers could avoid deteriorate in the absence of this
often require crane drivers to stop or ameliorate their scheduling requirement is high. While we agree that
operating a CMV to avoid violating their difficulties by employing a second crane the 30-minute break rule is
provisions. The result is that cranes are driver. Advocates for Highway and Auto unnecessarily restrictive for operators of
often parked on the shoulder of public Safety (Advocates) found the large mobile cranes, the 14-hour
roads. SC&RA states the width of some application for exemption fatally window is far less restrictive. It is a
cranes means they cannot be parked deficient because it ‘‘fails to include any critical factor in containing fatigue that
entirely off the travel lanes, creating a analysis of the safety impacts of the might otherwise develop. The 14-hour
safety hazard for their own drivers and requested exemption.’’ Advocates also rule is a limit that should be built into
others. stated that SC&RA ignored the the planning of mobile crane operations.
SC&RA describes the unpredictable requirement that it ‘‘carefully review the For these reasons, the Agency grants
nature of the typical workday of a crane regulation to determine whether there an exemption from the 30-minute rest-
operator. It lists a variety of variables are any practical alternatives already break requirement, subject to the terms
that can complicate the scheduling of available’’ that would allow it to and conditions in this Federal Register
operations, including delays waiting for conduct its operations and comply with notice, but denies an exemption from
the item to be lifted to arrive at the work the HOS rules. Advocates also believes the 14-hour rule.
site or to be rigged for lifting. that SC&RA carriers could overcome the Terms of the Exemption
Unexpected inclement weather can also numerous variables affecting these
trigger delays. SC&RA asserts that the operations by stronger management of 1. All motor carriers and drivers
primary result is that the workday may their CMV fleets. operating mobile cranes with a rated
be extended unexpectedly. Thus, timing lifting capacity of greater than 30 tons
a crane’s movement from the worksite FMCSA Decision are exempt from the 30-minute break
and onto public roads at the end of the FMCSA has evaluated SC&RA’s requirement of 49 CFR 395.3(a)(3)(ii).
day is highly problematic. It notes that application and the public comments The lifting capacity of the crane must be
State and local restrictions limit the and has decided to grant an exemption displayed on a manufacturer’s
jstallworth on DSK7TPTVN1PROD with RULES
hours of the day, and sometimes the from the 30-minute rule but to deny an certification plate on the crane or in
days of the week, that cranes may move exemption from the 14-hour rule. The manufacturer’s documentation carried
on public roads. In addition, the Agency believes that the exempt crane on the vehicle.
movement of cranes may require a pilot drivers will likely achieve a level of 2. Drivers must have a copy of this
car, the display of signs and lights, and safety that is equivalent to or greater exemption document in their possession
even a police escort. Cranes normally than, the level of safety achieved while operating under the terms of the
move much slower than the posted without the exemption [49 CFR exemption. The exemption document
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must be presented to law enforcement Reports filed under this provision I. Legal Basis for the Final Rule
officials upon request. shall be emailed to MCPSD@DOT.GOV. The Administrative Procedure Act
3. Motor carriers operating under this (APA), 5 U.S.C. 553, provides
Termination
exemption must have a ‘‘Satisfactory’’ exceptions to its notice and public
safety rating with FMCSA, or be FMCSA believes motor carriers
comment rulemaking procedures where
‘‘Unrated.’’ Motor carriers with conducting crane operations under this
(1) the rules are rules of agency
‘‘Conditional’’ or ‘‘Unsatisfactory’’ exemption will continue to maintain
organization, procedure, or practice; or
FMCSA safety ratings are prohibited their safety record while operating
(2) the agency finds there is good cause
from using this exemption. under this exemption. However, should
to forego notice and comment, and
safety be compromised, FMCSA will
Period of the Exemption incorporates the finding and a brief
take all steps necessary to protect the
statement of reasons therefore in the
This exemption from the public interest, including revocation or
rule issued. Generally, good cause exists
requirements of 49 CFR 395.3(a)(3)(ii) is restriction of the exemption. The
where the agency determines that notice
granted for the period from 12:01 a.m., FMCSA will immediately revoke or
and public comment procedures are
November 1, 2016 through 11:59 p.m., restrict the exemption for failure to
impractical, unnecessary, or contrary to
November 1, 2018. comply with its terms and conditions.
the public interest. 5 U.S.C. 553(b).
Extent of the Exemption Issued on: October 20, 2016. Parts 800, 803, and 804 govern
T.F. Scott Darling, III, internal agency organization, procedure,
This exemption is limited to the
provisions of 49 CFR 395.3(a)(3)(ii). Administrator. or practice. Part 800, subparts A and B,
These motor carriers and drivers must [FR Doc. 2016–26333 Filed 10–31–16; 8:45 am] describes the organization of the agency.
comply with all other applicable BILLING CODE 4910–EX–P Part 800, subpart C, prescribes
provisions of the FMCSRs. procedures for the agency’s
rulemakings. Part 803 describes the
Preemption NATIONAL TRANSPORTATION agency’s seal and limits its use. Part 804
In accordance with 49 U.S.C. SAFETY BOARD prescribes procedures for the agency’s
31313(d), as implemented by 49 CFR open meetings.
381.600, during the period this 49 CFR Parts 800, 803, and 804 The amendments made in this final
exemption is in effect, no State shall [Docket No.: NTSB–GC–2017–001] rule merely correct inadvertent errors
enforce any law or regulation applicable and omissions, remove obsolete
RIN 3147–AA03, 3147–AA08, 3147–AA09 references, and make minor editorial
to interstate commerce that conflicts
with or is inconsistent with this changes to improve clarity and
Administrative Rules; Official Seal;
exemption with respect to a firm or consistency. The technical amendments
Rules Implementing the Government in
person operating under the exemption. do not impose any new requirements,
the Sunshine Act
States may, but are not required to, nor do they make any substantive
adopt the same exemption with respect AGENCY: National Transportation Safety changes to the Code of Federal
to operations in intrastate commerce. Board (NTSB). Regulations. For these reasons, the
ACTION: Final rule. NTSB finds good cause that notice and
Notification to FMCSA public comment on this final rule are
Any motor carrier utilizing this SUMMARY: The NTSB makes technical unnecessary. For these same reasons,
exemption must notify FMCSA within 5 updates and corrects citations in its this rule will be effective on the date of
business days of any accident (as administrative regulations governing publication in the Federal Register.
defined in 49 CFR 390.5), involving any agency organization and functions,
II. Background
of the motor carrier’s CMV drivers delegations of authority to staff
operating under the terms of this members, and procedures for adopting On June 25, 2012, the NTSB
exemption. The notification must rules, regulations governing the agency’s announced its plan to review its
include the following information: official seal, and regulations regulations, 49 CFR parts 800 through
a. Name of Exemption: ‘‘SC&RA implementing the Government in the 850, to comply with Executive Order
cranes’’ Sunshine Act. These revisions make no (E.O.) 13563, Improving Regulation and
b. Name of operating motor carrier substantive changes. Regulatory Review, 76 FR 3821 (Jan. 21,
and USDOT number, DATES: This rule is effective November 2011); E.O. 13579, Regulation and
c. Date of the accident, 1, 2016. Independent Regulatory Agencies, 76 FR
d. City or town, and State, in which ADDRESSES: A copy of this Final Rule,
41587 (July 11, 2011); and E.O. 13610,
the accident occurred, or closest to the published in the Federal Register (FR), Identifying and Reducing Regulatory
accident scene, is available for inspection and copying Burdens, 77 FR 28469 (May 14, 2012).
e. Driver’s name and license number in the NTSB’s public reading room, NTSB Plan for Retrospective Analysis of
and State of issuance located at 490 L’Enfant Plaza SW., Existing Rules, 77 FR 37865. Though the
f. Vehicle number and State license Washington, DC 20594–2003. Executive Orders require retrospective
plate number, Alternatively, a copy is available on the review of only ‘‘significant regulations,’’
g. Number of individuals suffering government-wide Web site on NTSB stated it would review all of its
physical injury, regulations at http:// regulations to implement the principles
h. Number of fatalities, www.regulations.gov (Docket ID Number in the Orders. Id. at 37867.
jstallworth on DSK7TPTVN1PROD with RULES
i. The police-reported cause of the On January 8, 2013, after reviewing its
NTSB–GC–2017–001).
accident, regulations, the NTSB announced its
FOR FURTHER INFORMATION CONTACT: plan to update its regulations, including
j. Whether the driver was cited for
violation of any traffic laws or motor Matthew D. McKenzie, Attorney- revising internal agency procedures for
carrier safety regulations, and Advisor, (202) 314–6080, rulemaking@ which no public comment was required.
k. The driver’s total driving time and ntsb.gov. Retrospective Analysis of Existing Rules;
total on-duty time prior to the accident. SUPPLEMENTARY INFORMATION: Notification, 78 FR 1193, 1194.
VerDate Sep<11>2014 15:21 Oct 31, 2016 Jkt 241001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\01NOR1.SGM 01NOR1](https://thefederalregister.org/doc/81_FR_75938/page/3.svg)
Document Created: 2016-11-01 02:35:43
Document Modified: 2016-11-01 02:35:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notice of final disposition; partial grant and partial denial of application for exemption. | |
| Dates | The exemption is effective November 1, 2016 and expires on November 1, 2018. | |
| Contact | For information concerning this notice, contact Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 81 FR 75727 |
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