[Federal Register Volume 61, Number 65 (Wednesday, April 3, 1996)]
[Rules and Regulations]
[Pages 14677-14680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8158]
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DEPARTMENT OF TRANSPORTATION
49 CFR Parts 383 and 395
RIN 2125-AD83
Exemptions From Federal Motor Carrier Safety Regulations
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Final rule.
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SUMMARY: The National Highway System Designation Act of 1995 creates
exemptions from certain requirements of the Federal Motor Carrier
Safety Regulations (FMCSRs) for employers engaged in: The
transportation of agricultural commodities and farm supplies, the
transportation of ground water drilling rigs, the transportation of
construction materials and equipment, the operation of utility service
vehicles, and the operation of snow and ice removal equipment within
the boundaries of an eligible unit of local government. These
exemptions relate to the hours-of-service and the commercial driver's
license requirements of the regulations. This final rule amends the
FMCSRs to conform to these statutory exemptions.
EFFECTIVE DATES: This rule is effective April 3, 1996 except
Sec. 383.3(d)(3) and Secs. 395.1(n) and (o), pertaining to the
transportation of snow and ice removal equipment, construction
materials and equipment, and drivers of utility service vehicles, are
not effective until May 26, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, Jr., Office of
Motor Carrier Research and Standards, (202) 366-2718, or Ms. Grace
Reidy, Office of the Chief Counsel, (202) 366-6226, Federal Highway
Administration, DOT, 400 Seventh Street, SW., Washington, D.C. 20590.
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background and Notices
On November 28, 1995, the President signed the National Highway
Systems Designation Act of 1995, Pub. L. 104-59, 109 Stat. 568
(1995)(NHS Act). Section 345 of this Act creates five specific
exemptions from certain provisions of the FMCSRs (49 CFR 390.1 et
seq.).
The first exemption applies to drivers transporting agricultural
commodities or farm supplies during planting and harvesting seasons, if
the transportation is limited to the area within a 100 air mile radius
of the source of the commodities or the distribution point for the farm
supplies. These drivers are exempt from the maximum driving and on-duty
time regulations of the FMCSRs.
The second exemption relates to drivers who are primarily involved
in the transportation of ground water drilling rigs. These rigs include
any vehicle, machine, tractor, trailer, semi-trailer, or specialized
mobile equipment propelled or drawn by mechanical power and used on
highways to transport water well field operating equipment, including
water well drilling and pump service rigs equipped to access ground
water. Current regulations forbid drivers from operating CMVs after
they have been on duty a certain number of hours over a 7 or 8 day
span. Specifically, if the employing motor carrier does not operate 7
days a week, the cutoff is 60 hours over a 7-day span; if the employing
motor carrier does operate 7 days a week, the cutoff is either 60 hours
over a 7-day span, or 70 hours over an 8-day span. The water drilling
rig exception in the NHS Act permits these drivers to ``restart the
clock,'' which means that at any point at which the driver is off-duty
for 24 or more consecutive hours, the period of 7 or 8 days ends as of
the beginning of that off-duty period, and the clock restarts for
purposes of computing the 7 or 8 day period when the driver goes on
duty again. Thus, this exemption enables the motor carrier to designate
the time of day at which the period of 7 or 8 days begins. The
definition of ``24-hour period'' in the NHS Act authorizes the carrier
to designate the time of day at which the 24-hour period begins, which
may vary between the various terminals from which drivers are
dispatched.
[[Page 14678]]
The third exemption applies to drivers used primarily in the
transportation of construction materials and equipment, which is
defined as the transportation of construction and pavement materials,
construction equipment, and construction maintenance vehicles. The
driver must be en route to or from an ``active construction site,''
which must be at a stage between initial mobilization of equipment and
materials to the site, and final completion of the construction
project. The construction site must also be within a 50 air-mile radius
of the driver's normal work reporting location, and this exemption does
not apply to the transportation of hazardous materials in a quantity
requiring placarding. This exemption allows these construction drivers
to restart the calculation of a 7 or 8 day period under the hours of
service regulations in the same fashion as provided in the third
exemption.
The fourth exemption applies these same provisions to drivers of
utility service vehicles. In order to qualify as a utility service
vehicle, the vehicle must be operated primarily within the service area
of the utility's subscribers. In addition, it must be used in the
furtherance of repairing, maintaining, or operating any physical
facilities necessary for the delivery of public utility service and
must be engaged in any activity necessarily related to the ultimate
delivery of public utility services to the consumer, including travel
to, from, upon, or between activity sites. The public utility, which
includes those delivering electric, gas, water, sanitary sewer,
telephone, and television service, need not be the actual owner of the
vehicle in question. This exemption likewise enables utility drivers to
restart the calculation of a 7 or 8 day period after the driver has
been off duty for at least 24 hours consecutively.
The fifth and final exemption permits a State to exempt by waiver
the requirement for a commercial driver's license (CDL) for back-up
snow removal drivers employed by an eligible unit of local government.
The vehicle must be operated within the boundaries of a city, town,
borough, county, parish, district, or other unit of local government
created pursuant to State law which has a total population of 3,000 or
less. In addition, the vehicle must be operated by an employee of that
local government for the purpose of removing snow or ice from a roadway
by plowing, sanding, or salting. This waiver may only be granted where
the employee who ordinarily operates the vehicle is unavailable or in
need of additional assistance due to snow emergency. This provision
does not affect the requirement that the customary operator of the
vehicle have a CDL.
For each of the exemptions described above, other than the water
well drilling exemption, the NHS Act provides the Secretary with the
authority to negate or modify the exemption upon a determination, after
a rulemaking proceeding, that the exemption is not in the public
interest and would have a significant adverse impact on the safety of
commercial motor vehicles. The Federal Highway Administration (FHWA)
has decided not to proceed with such a rulemaking proceeding at this
time. Nevertheless, the FHWA is required by the statute to monitor the
safety performance of drivers of vehicles that are subject to an
exemption and report to Congress if a determination is made that public
safety has been adversely affected by one of these exemptions.
The FHWA is investigating the issues surrounding maximum driving
and on-duty time of truck drivers. At the Truck and Bus Summit held in
March 1995, in Kansas City, Missouri, participants representing every
segment of the U.S. trucking industry were assembled by the FHWA. The
number one issue of concern to the participants was driver fatigue. In
addition, the FHWA is also about to complete a multi-year, cooperative
government-industry research effort designed to generate quantitative
information about the impact of fatigue on motor carrier operations.
The project will provide an empirical basis for reevaluating the
restrictions on hours-of-service of CMV drivers.
In addition, the FHWA invited and received comments on the issue of
waiver of the hours of service regulations for those transporting crops
and farm supplies. 59 FR 63322; December 8, 1994. Docket comments were
received from over 175 respondents, almost all of which were in support
of the waiver concept.
Rulemaking Analyses and Notices
The FHWA is amending Parts 383 and 395 of the FMCSRs by proceeding
directly to a final rule. The FHWA finds that prior notice and
opportunity for comment are unnecessary under 5 U.S.C. 553(b)(3)(B) and
that good cause exists to dispense with the 30-day delayed effective
date ordinarily required under 5 U.S.C. 553(d) because these changes
are statutorily mandated. The FHWA has also determined that prior
notice and opportunity for comment are not required under Department of
Transportation's regulatory policies and procedures, as it is
anticipated that such action would not result in the receipt of useful
information.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
These changes are being made to conform the FHWA's regulations to
statutory exemptions already authorized by section 345 of the NHS Act.
At this point, the FHWA is unable to predict what the impact of these
changes will be. However, pursuant to the obligations imposed upon the
Secretary by the NHS Act, the FHWA intends to monitor the impact of
these changes.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this action on small
entities. This rule merely amends the FMCSRs to conform them to the
exemptions granted in the NHS Act. These exemptions are likely to
lessen the financial burden of complying with the relevant FMCSRs, but
only for limited classes of operations. The FHWA certifies that this
action will not have a significant impact on a substantial number of
small entities.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this action does not have sufficient federalism implications to
warrant the preparation of a federalism assessment. As provided in
section 345(b) of the NHS Act, these regulatory changes do not preempt
any State laws or regulations concerning the safe operation of
commercial motor vehicles. This action does not impose any additional
cost or burden on any State. In addition, this rule would have no
effect on the States' ability to discharge traditional State
governmental functions.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.217, Motor
Carrier Safety. The regulations implementing Executive Order 12372
regarding intergovernmental consultation on Federal programs and
activities apply to this program.
Paperwork Reduction Act
This action does not contain a collection of information
requirement
[[Page 14679]]
for purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3520.
National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has
determined that this action would not have any effect on the quality of
the environment. Therefore, an environmental impact statement is not
required.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
List of Subjects in Parts 383 and 395
Commercial driver's license documents, Commercial motor vehicles,
Driver's hours of service, Highways and roads, Motor carriers licensing
and testing procedures, Motor vehicle safety, Reporting and
recordkeeping requirements.
Issued on: March 26, 1996.
Rodney E. Slater,
Federal Highway Administrator.
In consideration of the foregoing, the FHWA hereby amends title 49,
Code of Federal Regulations, subtitle B, chapter III, subchapter B,
parts 383 and 395 as set forth below:
PART 383--[AMENDED]
1. The authority citation for part 383 is revised to read as
follows:
Authority: 49 U.S.C. 31101 et seq., 31136, and 31502; sec. 345,
Pub. L. 104-59, 109 Stat. 568, 613; and 49 CFR 1.48.
2. Section 383.3(d) is amended by revising the heading and the
introductory paragraph, and by adding a new paragraph (d)(3) to read as
follows:
Sec. 383.3 Applicability.
* * * * *
(d) Exception for farmers, firefighters, emergency response vehicle
drivers, and drivers removing snow and ice. A State may, at its
discretion, exempt individuals identified in paragraphs (d)(1), (d)(2),
and (d)(3) of this section from the requirements of this part. The use
of this waiver is limited to the driver's home State unless there is a
reciprocity agreement with adjoining States.
* * * * *
(3)(i) A driver, employed by an eligible unit of local government,
operating a commercial motor vehicle within the boundaries of that unit
for the purpose of removing snow or ice from a roadway by plowing,
sanding, or salting, if
(A) The properly licensed employee who ordinarily operates a
commercial motor vehicle for these purposes is unable to operate the
vehicle; or
(B) The employing governmental entity determines that a snow or ice
emergency exists that requires additional assistance.
(ii) This exemption shall not preempt State laws and regulations
concerning the safe operation of commercial motor vehicles.
* * * * *
3. Section 383.5 is amended by adding the definition ``Eligible
unit of local government'' in alphabetical order to read as follows:
Sec. 383.5 Definitions.
* * * * *
Eligible unit of local government means a city, town, borough,
county, parish, district, or other public body created by or pursuant
to State law which has a total population of 3,000 individuals or less.
* * * * *
PART 395--[AMENDED]
4. The authority citation for part 395 is revised to read as
follows:
Authority: 49 U.S.C. 31133, 31136, and 31502; sec. 345, Pub.L.
104-59, 109 Stat. 568, 613; and 49 CFR 1.48.
5. Section 395.1 is amended by revising paragraph (a) and by adding
paragraphs (l), (m), (n), and (o) to read as follows:
Sec. 395.1 Scope of rules in this part.
(a) General. (1) The rules in this part apply to all motor carriers
and drivers, except as provided in paragraphs (b) through (n) of this
section.
(2) The exceptions from Federal requirements contained in
paragraphs (l) through (n) do not preempt State laws and regulations
governing the safe operation of commercial motor vehicles.
* * * * *
(l) Agricultural operations. The provisions of Sec. 395.3 shall not
apply to drivers transporting agricultural commodities or farm supplies
for agricultural purposes in a State if such transportation:
(1) Is limited to an area within a 100 air mile radius from the
source of the commodities or the distribution point for the farm
supplies, and
(2) Is conducted during the planting and harvesting seasons within
such State, as determined by the State.
(m) Ground water well drilling operations. In the instance of a
driver of a commercial motor vehicle who is used primarily in the
transportation and operations of a ground water well drilling rig, any
period of 7 or 8 consecutive days may end with the beginning of any
off-duty period of 24 or more successive hours.
(n) Construction materials and equipment. In the instance of a
driver of a commercial motor vehicle who is used primarily in the
transportation of construction materials and equipment, any period of 7
or 8 consecutive days may end with the beginning of any off-duty period
of 24 or more successive hours.
(o) Utility service vehicles. In the instance of a driver of a
utility service vehicle, any period of 7 or 8 consecutive days may end
with the beginning of any off-duty period of 24 or more successive
hours.
6. Section 395.2 is amended by adding three definitions,
alphabetically, to read as follows:
Sec. 395.2 Definitions.
* * * * *
Ground water well drilling rig means any vehicle, machine, tractor,
trailer, semi-trailer, or specialized mobile equipment propelled or
drawn by mechanical power and used on highways to transport water well
field operating equipment, including water well drilling and pump
service rigs equipped to access ground water.
* * * * *
Transportation of construction materials and equipment means the
transportation of construction and pavement materials, construction
equipment, and construction maintenance vehicles, by a driver to or
from an active construction site (a construction site between
mobilization of equipment and materials to the site to the final
completion of the construction project) within a 50 air mile radius of
the normal work reporting location of the driver. This paragraph does
not apply to the transportation of material found by the Secretary to
be hazardous under 49 U.S.C. 5103 in a quantity requiring placarding
under regulations issued to carry out such section.
* * * * *
Utility service vehicle means any commercial motor vehicle:
(1) Used in the furtherance of repairing, maintaining, or operating
any
[[Page 14680]]
structures or any other physical facilities necessary for the delivery
of public utility services, including the furnishing of electric, gas,
water, sanitary sewer, telephone, and television cable or community
antenna service;
(2) While engaged in any activity necessarily related to the
ultimate delivery of such public utility services to consumers,
including travel or movement to, from, upon, or between activity sites
(including occasional travel or movement outside the service area
necessitated by any utility emergency as determined by the utility
provider); and
(3) Except for any occasional emergency use, operated primarily
within the service area of a utility's subscribers or consumers,
without regard to whether the vehicle is owned, leased, or rented by
the utility.
[FR Doc. 96-8158 Filed 4-2-96; 8:45 am]
BILLING CODE 4910-22-P
