83 FR 53147 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Castignoli Enterprises

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 203 (October 19, 2018)

Page Range		53147-53149
FR Document		2018-22704

The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant Castignoli Enterprises' (Castignoli) application for a limited 5-year exemption to allow a sleeper berth to be installed in the bed of a Ford F350 pickup truck that, when operated in combination with certain trailers, is a commercial motor vehicle (CMV) under the Federal Motor Carrier Safety Regulations (FMCSRs). A sleeper berth installed in the bed of the pickup truck does not meet the access, location, exit, communication, or occupant restraint requirements for sleeper berths as prescribed in the FMCSRs. The Agency has determined that allowing the sleeper berth to be installed in the bed of the pickup would not have an adverse impact on safety and that adherence to the terms and conditions of the exemption will likely achieve a level of safety equivalent to or greater than the level of safety provided by the regulation.

Federal Register, Volume 83 Issue 203 (Friday, October 19, 2018)

[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Notices]
[Pages 53147-53149]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22704]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0142]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Castignoli Enterprises

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

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant Castignoli Enterprises' (Castignoli) 
application for a limited 5-year exemption to allow a sleeper berth to 
be installed in the bed of a Ford F350 pickup truck that, when operated 
in combination with certain trailers, is a commercial motor vehicle 
(CMV) under the Federal Motor Carrier Safety Regulations (FMCSRs). A 
sleeper berth installed in the bed of the pickup truck does not meet 
the access, location, exit, communication, or occupant restraint 
requirements for sleeper berths as prescribed in the FMCSRs. The Agency 
has determined that allowing the sleeper berth to be installed in the 
bed of the pickup would not have an adverse impact on safety and that 
adherence to the terms and conditions of the exemption will likely 
achieve a level of safety equivalent to or greater than the level of 
safety provided by the regulation.

DATES: This exemption is applicable October 19, 2018 and ending 
Thursday, October 19th, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue SE, Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or 
comments submitted to notice requesting public comments on the 
exemption application, go to www.regulations.gov at any time or visit 
Room W12-140 on the ground level of the West Building, 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday 
through Friday, except Federal holidays. The on-line Federal document 
management system is available 24 hours each day, 365 days each year. 
The docket number is listed at the beginning of this notice.

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

Castignoli's Application for Exemption

    Castignoli applied for an exemption from 49 CFR 393.76(a)(3), 
(b)(2), (c), (d), and (h) to allow a sleeper berth to be installed in 
the bed of a Ford F350 pickup truck. A copy of the application is 
included in the docket referenced at the beginning of this notice.
    Section 393.76 of the FMCSRs provides various requirements for 
sleeper berths installed in in CMVs. Specific to Castignoli's exemption 
application:
    1. Section 393.76(a)(3), ``Access,'' requires a sleeper berth to be 
constructed so that an occupant's ready entrance to, and exit from the 
sleeper berth is not unduly hindered.
    2. Section 393.76(b)(2), ``Location,'' requires a sleeper berth 
located within the cargo space of a motor vehicle to be securely 
compartmentalized from the remainder of the cargo space.
    3. Section 393.76(c), ``Exit from the berth,'' requires a direct 
and ready

[[Page 53148]]

means of exit from a sleeper berth into the driver's seat or 
compartment.
    4. Section 393.76(d), ``Communication with the driver,'' requires a 
sleeper berth which is not located within the driver's compartment and 
has no direct entrance into the driver's compartment to be equipped 
with a means of communication between the occupant and the driver. The 
means of communication may consist of a telephone, speaker tube, 
buzzer, pull cord, or other mechanical or electrical device.
    5. Section 393.76(h), ``Occupant restraint,'' requires a motor 
vehicle manufactured on or after July 1, 1971, and equipped with a 
sleeper berth to be equipped with a means of preventing ejection of the 
occupant of the sleeper berth during deceleration of the vehicle. The 
restraint system must be designed, installed, and maintained to 
withstand a minimum total force of 6,000 pounds applied toward the 
front of the vehicle and parallel to the longitudinal axis of the 
vehicle.
    The applicant states that he is the owner/operator of Castignoli, 
and is the ``solo driver of a hot shot hauler, F350 1-ton pickup with 
trailer . . .'' \1\ The applicant states that as a solo driver, ``there 
is no ready need for access between the sleeper berth and the driver's 
compartment.'' In addition, the applicant states:
---------------------------------------------------------------------------

    \1\ In trucking, the term ``hot shot'' commonly refers to either 
the truck or the freight--often both. In the former sense, its 
normally a Class 3-5 truck used in combination with a variety of 
trailers to run for hire freight, whether for a single customer or 
less-than-truckload. The truck is often a \3/4\ to 1 \1/2\ ton 
pickup outfitted with weight-distributing gooseneck or fifth-wheel-
type connections to a trailer.

    I plan to incorporate the sleeper berth into the bed of the tow 
vehicle. The utilization of this type of sleeper berth, would allow 
myself (as the sole driver) to meet the hours of [10-hour] service 
rest period requirements by utilizing a sleeper berth incorporated 
into the bed of the vehicle (Rear covered, ventilated, insulated, 
bed with cap and full size twin mattress) in lieu of a motel each 
evening. The tow vehicle/trailer combination would not be operating 
on the roadway during my 10-hour rest period, so there is no benefit 
in having the access requirements to the driver compartment, nor any 
need for communication with the driver (myself), nor any occupant 
restraint requirement as the vehicle is not moving while I am 
sleeping. The sleeper berth is separate from the trailer behind the 
tow vehicle, and is therefore separate from the cargo.
    The current FMCSR regulatory requirements for sleeper berth 
access seem to rely on the assumption that one driver is driving 
while another driver is in the sleeper berth, and that the truck is 
moving always. The situation that I have as a single driver is that 
when I am off duty, the vehicle is not moving and therefore direct 
access to the sleeper berth area should not be required, and since 
the vehicle is not moving there is no need for occupant restraint 
systems nor a means for communication with the driver. All other 
dimensional requirements, ventilation, and protection against 
exhaust and fuel leaks will be met.

    The applicant states that because of mobility issues associated 
with a partially fused spine, it is easier for him to access a sleeper 
berth installed in the bed of the pickup truck as opposed to a sleeper 
berth that could be installed in the back seat of the pickup truck that 
meets the requirements of the FMCSRs. The exemption would apply only to 
Castignoli's sole driver and pickup truck. Castignoli believes that the 
sleeper berth installed in the bed of the pickup truck will maintain a 
level of safety that is equivalent to, or greater than, the level of 
safety achieved without the exemption.

Comments

    FMCSA published a notice of the application in the Federal Register 
on April 24, 2018, and asked for public comment (83 FR 17883). The 
Agency received sixty-five comments, all from individuals. Nearly all 
of the commenters (61) supported the exemption application. These 
commenters stated that sleeper berth requirements should be flexible 
enough to allow a sleeper berth to be accessed from outside the driver 
compartment for solo operators, and without the regulatory requirements 
pertaining to access, exit from the berth, communication with the 
driver, and occupant restraint for vehicles that are not moving during 
the sleeper berth rest period. Two commenters opposed the exemption 
application, expressing concerns that a sleeper berth installed in the 
bed of a pickup truck will not be large enough to allow the driver 
enough space to get adequate rest. Two commenters did not express 
support or oppose the exemption application.

FMCSA Decision

    The FMCSA has evaluated the Castignoli exemption application, and 
the comments received. The Agency believes that granting the temporary 
exemption to allow a sleeper berth to be installed in the pickup truck 
bed will provide a level of safety that is equivalent to, or greater 
than, the level of safety achieved without the exemption. Sleeper 
berths provide an option for drivers to obtain the rest necessary under 
the hours-of-service rules in part 395 of the FMCSRs without having to 
pay lodging costs at a hotel/motel. In the case of team driving 
operations, a sleeper berth allows one person to obtain the necessary 
rest (a ``relief driver'') while the other person is driving, allowing 
a vehicle to be operated continuously and thereby increasing 
productivity.
    Previous rulemakings have specifically noted the use of sleeper 
berths by relief drivers in team driving operations. The sleeper berth 
requirements were revised in April 1974 to increase the minimum 
interior dimensional requirements for sleeper berths in CMVs (39 FR 
14710). In that final rule, the Federal Highway Administration's Bureau 
of Motor Carrier Safety (the predecessor to FMCSA) stated that ``In 
sleeper berth trucking operations it is of critical importance that 
relief drivers be fresh and alert when they assume their driving 
tasks.'' [Emphasis added.] Additionally, when considering possible 
changes to the shape of the sleeper berth, the Bureau of Motor Carrier 
Safety stated that use of ``slant-back'' cab designs which incorporate 
a slanted rear cab wall and do not provide a rectangular sleeper berth 
compartment was not permissible because it ``represents an intrusion 
into the relief driver's sleeping space.'' [Emphasis added.]
    In team driving operations, it is important for the person in the 
sleeper berth (i.e., the relief driver) to be able to communicate with 
the person driving the vehicle, to be able to directly access the 
driver's seat or compartment, and to be restrained when the vehicle is 
in motion. These provisions are not applicable, however, in the case of 
Castignoli where a solo driver is operating a pickup truck and a 
trailer, and the sleeper berth is only used by the solo driver when the 
vehicle is not in motion. In this operating scenario, FMCSA believes 
that as long as the sleeper berth dimensional (Sec.  393.76(a)(1)), 
shape (Sec.  393.76(a)(2)), equipment (Sec.  393.76(e)), ventilation 
(Sec.  393.76(f)), and protection against exhaust and fuel leaks and 
exhaust heat (Sec.  393.76(g)) provisions are satisfied, the solo 
driver will be able to obtain the necessary rest and there will be no 
degradation in safety. Additionally, the Agency believes that allowing 
flexibility in the location of the sleeper berth is likely to improve 
the overall level of safety to the motoring public by allowing drivers 
additional options to get their mandatory rest periods.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period, 
beginning October 19, 2018 and ending

[[Page 53149]]

Thursday, October 19, 2023. During the temporary exemption period, 
Castignoli will be allowed to utilize a sleeper berth installed in the 
bed of a pickup truck that, when operated in combination with certain 
trailers, is a CMV. The sleeper berth must comply fully with the 
requirements of Sec.  393.76(a)(1), Sec.  393.76(a)(2), Sec.  
393.76(e), Sec.  393.76(f), and Sec.  393.76(g). The sleeper berth 
shall be used only by the owner/operator of Castignoli, and no other 
person is permitted to be in the sleeper berth while the vehicle is in 
motion.
    The exemption will be valid for 5 years unless rescinded earlier by 
FMCSA. The exemption will be rescinded if: (1) Castignoli fails to 
comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
before it was granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 
31315(b).
    Interested parties possessing information that would demonstrate 
that Castignoli's use of a sleeper berth installed in the bed of pickup 
truck when operating as a CMV is not achieving the requisite statutory 
level of safety should immediately notify FMCSA. The Agency will 
evaluate any such information and, if safety is being compromised or if 
the continuation of the exemption is not consistent with 49 U.S.C. 
31136(e) and 31315(b), will take immediate steps to revoke the 
exemption.

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 
Castignoli Enterprises operating under the exemption. States may, but 
are not required to, adopt the same exemption with respect to 
operations in intrastate commerce.

    Issued on: October 10, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-22704 Filed 10-18-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices 53147

addresses provided above and can be Issued on: October 9, 2018. a.m. and 5 p.m., ET, Monday through
found at: https://www.wsdot.wa.gov/ Daniel Mathis, Friday, except Federal holidays. The on-
Projects/SR520Bridge/Library/ FHWA Division Administrator, Olympia, WA. line Federal document management
I5Medina.htm. This notice applies to all [FR Doc. 2018–22471 Filed 10–18–18; 8:45 am] system is available 24 hours each day,
Federal agency decisions related to the BILLING CODE 4910–RY–P
365 days each year. The docket number
re-evaluation as of the issuance date of is listed at the beginning of this notice.
this notice and all laws under which SUPPLEMENTARY INFORMATION:
such actions were taken, including but DEPARTMENT OF TRANSPORTATION
not limited to: Background
Federal Motor Carrier Safety FMCSA has authority under 49 U.S.C.
1. General: National Environmental
Administration 31136(e) and 31315 to grant exemptions
Policy Act (NEPA) [42 U.S.C. 4321–
4347]; Federal-Aid Highway Act [23 [Docket No. FMCSA–2018–0142] from certain parts of the Federal Motor
U.S.C. 109]. Carrier Safety Regulations. FMCSA must
Parts and Accessories Necessary for publish a notice of each exemption
2. Air: Clean Air Act, as amended [42 request in the Federal Register (49 CFR
Safe Operation; Application for an
U.S.C. 7401–7671(q)]. 381.315(a)). The Agency must provide
Exemption From Castignoli
3. Land: Section 6(f) of the Land and Enterprises the public an opportunity to inspect the
Water Conservation Fund Act of 1965 information relevant to the application,
[16 U.S.C. 4601]; Section 4(f) of the AGENCY: Federal Motor Carrier Safety including any safety analyses that have
Department of Transportation Act of Administration (FMCSA), DOT. been conducted. The Agency must also
1966 [49 U.S.C. 303]. ACTION: Notice of final disposition. provide an opportunity for public
4. Wildlife: Endangered Species Act comment on the request.
SUMMARY: The Federal Motor Carrier The Agency reviews safety analyses
[16 U.S.C. 1531–1544]; Section 7 of the Safety Administration (FMCSA)
Endangered Species Act [16 U.S.C. and public comments submitted, and
announces its decision to grant determines whether granting the
1536]; Anadromous Fish Conservation Castignoli Enterprises’ (Castignoli)
Act [16 U.S.C. 757(a–757(g)); Fish and exemption would likely achieve a level
application for a limited 5-year of safety equivalent to, or greater than,
Wildlife Coordination Act [16 U.S.C. exemption to allow a sleeper berth to be
661–667(d)]; Magnuson-Stevens Fishery the level that would be achieved by the
installed in the bed of a Ford F350 current regulation (49 CFR 381.305).
Conservation and Management Act of pickup truck that, when operated in
1976, as amended [16 U.S.C. 1801 et The decision of the Agency must be
combination with certain trailers, is a published in the Federal Register (49
seq.]. commercial motor vehicle (CMV) under CFR 381.315(b)) with the reasons for
5. Historic and Cultural Resources: the Federal Motor Carrier Safety denying or granting the application and,
Section 106 of the National Historic Regulations (FMCSRs). A sleeper berth if granted, the name of the person or
Preservation Act of 1966, as amended installed in the bed of the pickup truck class of persons receiving the
[16 U.S.C. 470(f) et seq.]; Archaeological does not meet the access, location, exit, exemption, and the regulatory provision
and Historic Preservation Act [16 U.S.C. communication, or occupant restraint from which the exemption is granted.
469–469(c)]; Native American Grave requirements for sleeper berths as The notice must also specify the
Protection and Repatriation Act (25 prescribed in the FMCSRs. The Agency effective period and explain the terms
U.S.C. 3001–3013). has determined that allowing the and conditions of the exemption. The
6. Wetlands and Water Resources: sleeper berth to be installed in the bed exemption may be renewed (49 CFR
Section 7 of the Endangered Species Act of the pickup would not have an 381.300(b)).
[16 U.S.C. 1536); Clean Water Act, adverse impact on safety and that
adherence to the terms and conditions Castignoli’s Application for Exemption
(Section 319 [33 U.S.C. 329]); Safe
Drinking Water Act [42 U.S.C. 300(f)– of the exemption will likely achieve a Castignoli applied for an exemption
300(j)(6)]. level of safety equivalent to or greater from 49 CFR 393.76(a)(3), (b)(2), (c), (d),
than the level of safety provided by the and (h) to allow a sleeper berth to be
7. Navigation: Rivers and Harbors Act regulation.
of 1899 [33 U.S.C. 403]; General Bridge installed in the bed of a Ford F350
DATES: This exemption is applicable pickup truck. A copy of the application
Act of 1946 [33 U.S.C. 9 and 11].
October 19, 2018 and ending Thursday, is included in the docket referenced at
8. Executive Orders: E.O. 11990 October 19th, 2023. the beginning of this notice.
Protection of Wetlands; E.O. 11988 FOR FURTHER INFORMATION CONTACT: Mr. Section 393.76 of the FMCSRs
Floodplain Management; E.O. 12898 Luke Loy, Vehicle and Roadside provides various requirements for
Federal Actions to Address Operations Division, Office of Carrier, sleeper berths installed in in CMVs.
Environmental Justice in Minority Driver, and Vehicle Safety, MC–PSV, Specific to Castignoli’s exemption
Populations and Low Income (202) 366–0676, Federal Motor Carrier application:
Populations; E.O. 11593 Protection and Safety Administration, 1200 New Jersey 1. Section 393.76(a)(3), ‘‘Access,’’
Enhancement of Cultural Resources; Avenue SE, Washington, DC 20590– requires a sleeper berth to be
E.O. 13007 Indian Sacred Sites; E.O. 0001. constructed so that an occupant’s ready
13287 Preserve America; E.O. 13175 Docket: For access to the docket to entrance to, and exit from the sleeper
Consultation and Coordination with read background documents or berth is not unduly hindered.
amozie on DSK3GDR082PROD with NOTICES1

Indian Tribal Governments; E.O. 11514 comments submitted to notice 2. Section 393.76(b)(2), ‘‘Location,’’
Protection and Enhancement of requesting public comments on the requires a sleeper berth located within
Environmental Quality; E.O. 13112 exemption application, go to the cargo space of a motor vehicle to be
Invasive Species. www.regulations.gov at any time or visit securely compartmentalized from the
Authority: 23 U.S.C. 139(1)(1), as amended Room W12–140 on the ground level of remainder of the cargo space.
by Moving Ahead for Progress in the 21st the West Building, 1200 New Jersey 3. Section 393.76(c), ‘‘Exit from the
Century Act, (PL 112–141, 126 Stat. 405). Avenue SE, Washington, DC, between 9 berth,’’ requires a direct and ready

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53148 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices

means of exit from a sleeper berth into moving and therefore direct access to the operations, a sleeper berth allows one
the driver’s seat or compartment. sleeper berth area should not be required, person to obtain the necessary rest (a
4. Section 393.76(d), and since the vehicle is not moving there is ‘‘relief driver’’) while the other person is
‘‘Communication with the driver,’’ no need for occupant restraint systems nor a driving, allowing a vehicle to be
requires a sleeper berth which is not means for communication with the driver.
All other dimensional requirements,
operated continuously and thereby
located within the driver’s compartment ventilation, and protection against exhaust increasing productivity.
and has no direct entrance into the and fuel leaks will be met. Previous rulemakings have
driver’s compartment to be equipped specifically noted the use of sleeper
with a means of communication The applicant states that because of berths by relief drivers in team driving
between the occupant and the driver. mobility issues associated with a operations. The sleeper berth
The means of communication may partially fused spine, it is easier for him requirements were revised in April 1974
consist of a telephone, speaker tube, to access a sleeper berth installed in the to increase the minimum interior
buzzer, pull cord, or other mechanical bed of the pickup truck as opposed to dimensional requirements for sleeper
or electrical device. a sleeper berth that could be installed in berths in CMVs (39 FR 14710). In that
5. Section 393.76(h), ‘‘Occupant the back seat of the pickup truck that final rule, the Federal Highway
restraint,’’ requires a motor vehicle meets the requirements of the FMCSRs. Administration’s Bureau of Motor
manufactured on or after July 1, 1971, The exemption would apply only to Carrier Safety (the predecessor to
and equipped with a sleeper berth to be Castignoli’s sole driver and pickup FMCSA) stated that ‘‘In sleeper berth
equipped with a means of preventing truck. Castignoli believes that the trucking operations it is of critical
ejection of the occupant of the sleeper sleeper berth installed in the bed of the importance that relief drivers be fresh
berth during deceleration of the vehicle. pickup truck will maintain a level of and alert when they assume their
The restraint system must be designed, safety that is equivalent to, or greater driving tasks.’’ [Emphasis added.]
installed, and maintained to withstand than, the level of safety achieved Additionally, when considering
a minimum total force of 6,000 pounds without the exemption. possible changes to the shape of the
applied toward the front of the vehicle Comments sleeper berth, the Bureau of Motor
and parallel to the longitudinal axis of Carrier Safety stated that use of ‘‘slant-
the vehicle. FMCSA published a notice of the back’’ cab designs which incorporate a
The applicant states that he is the application in the Federal Register on slanted rear cab wall and do not provide
owner/operator of Castignoli, and is the April 24, 2018, and asked for public a rectangular sleeper berth compartment
‘‘solo driver of a hot shot hauler, F350 comment (83 FR 17883). The Agency was not permissible because it
1-ton pickup with trailer . . .’’ 1 The received sixty-five comments, all from ‘‘represents an intrusion into the relief
applicant states that as a solo driver, individuals. Nearly all of the driver’s sleeping space.’’ [Emphasis
‘‘there is no ready need for access commenters (61) supported the added.]
between the sleeper berth and the exemption application. These In team driving operations, it is
driver’s compartment.’’ In addition, the commenters stated that sleeper berth important for the person in the sleeper
applicant states: requirements should be flexible enough berth (i.e., the relief driver) to be able to
to allow a sleeper berth to be accessed communicate with the person driving
I plan to incorporate the sleeper berth into from outside the driver compartment for
the bed of the tow vehicle. The utilization of the vehicle, to be able to directly access
this type of sleeper berth, would allow solo operators, and without the the driver’s seat or compartment, and to
myself (as the sole driver) to meet the hours regulatory requirements pertaining to be restrained when the vehicle is in
of [10-hour] service rest period requirements access, exit from the berth, motion. These provisions are not
by utilizing a sleeper berth incorporated into communication with the driver, and applicable, however, in the case of
the bed of the vehicle (Rear covered, occupant restraint for vehicles that are Castignoli where a solo driver is
ventilated, insulated, bed with cap and full not moving during the sleeper berth rest operating a pickup truck and a trailer,
size twin mattress) in lieu of a motel each period. Two commenters opposed the and the sleeper berth is only used by the
evening. The tow vehicle/trailer combination
would not be operating on the roadway
exemption application, expressing solo driver when the vehicle is not in
during my 10-hour rest period, so there is no concerns that a sleeper berth installed in motion. In this operating scenario,
benefit in having the access requirements to the bed of a pickup truck will not be FMCSA believes that as long as the
the driver compartment, nor any need for large enough to allow the driver enough sleeper berth dimensional
communication with the driver (myself), nor space to get adequate rest. Two (§ 393.76(a)(1)), shape (§ 393.76(a)(2)),
any occupant restraint requirement as the commenters did not express support or equipment (§ 393.76(e)), ventilation
vehicle is not moving while I am sleeping. oppose the exemption application. (§ 393.76(f)), and protection against
The sleeper berth is separate from the trailer
exhaust and fuel leaks and exhaust heat
behind the tow vehicle, and is therefore FMCSA Decision
separate from the cargo. (§ 393.76(g)) provisions are satisfied, the
The current FMCSR regulatory The FMCSA has evaluated the solo driver will be able to obtain the
requirements for sleeper berth access seem to Castignoli exemption application, and necessary rest and there will be no
rely on the assumption that one driver is the comments received. The Agency degradation in safety. Additionally, the
driving while another driver is in the sleeper believes that granting the temporary Agency believes that allowing flexibility
berth, and that the truck is moving always. exemption to allow a sleeper berth to be in the location of the sleeper berth is
The situation that I have as a single driver installed in the pickup truck bed will likely to improve the overall level of
is that when I am off duty, the vehicle is not provide a level of safety that is safety to the motoring public by
equivalent to, or greater than, the level allowing drivers additional options to
amozie on DSK3GDR082PROD with NOTICES1

1 In trucking, the term ‘‘hot shot’’ commonly

refers to either the truck or the freight—often both.
of safety achieved without the get their mandatory rest periods.
In the former sense, its normally a Class 3–5 truck exemption. Sleeper berths provide an
used in combination with a variety of trailers to run option for drivers to obtain the rest Terms and Conditions for the
for hire freight, whether for a single customer or necessary under the hours-of-service Exemption
less-than-truckload. The truck is often a 3⁄4 to 1 1⁄2
ton pickup outfitted with weight-distributing
rules in part 395 of the FMCSRs without The Agency hereby grants the
gooseneck or fifth-wheel-type connections to a having to pay lodging costs at a hotel/ exemption for a 5-year period,
trailer. motel. In the case of team driving beginning October 19, 2018 and ending

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Document Created: 2018-10-19 01:25:59
Document Modified: 2018-10-19 01:25:59

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		Notices
Action		Notice of final disposition.
Dates		This exemption is applicable October 19, 2018 and ending Thursday, October 19th, 2023.
Contact		Mr. Luke Loy, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC- PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
FR Citation		83 FR 53147

83 FR 53147 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Castignoli Enterprises

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 203 (October 19, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration