Notice2021-18330
Hours of Service of Drivers; Parts and Accessories: Application for an Exemption From Cleveland-Cliffs Steel, LLC.
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 26, 2021
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA requests public comment on an application for exemption submitted by Cleveland-Cliffs Steel, LLC (Cliffs), formerly known as ArcelorMittal Indiana Harbor, LLC, to allow its employee-drivers with commercial driver's licenses (CDLs) who transport scrap metal on two trucks between their production and shipping locations on public roads to work up to 16 hours per day and to return to work with less than the mandatory 10 consecutive hours off duty. The exemption is similar to the exemption that allows Cliffs' drivers transporting steel coils to work the same hours of services (HOS). Unlike the steel coil exemption, the scrap metal trucks would comply with the heavy hauler trailer definition, height of rear side marker lights restrictions, tire loading restrictions, and the coil securement requirements in the FMCSRs.
Full Text
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<title>Federal Register, Volume 86 Issue 163 (Thursday, August 26, 2021)</title>
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[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Pages 47708-47710]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18330]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0050]
Hours of Service of Drivers; Parts and Accessories: Application
for an Exemption From Cleveland-Cliffs Steel, LLC.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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[[Page 47709]]
SUMMARY: FMCSA requests public comment on an application for exemption
submitted by Cleveland-Cliffs Steel, LLC (Cliffs), formerly known as
ArcelorMittal Indiana Harbor, LLC, to allow its employee-drivers with
commercial driver's licenses (CDLs) who transport scrap metal on two
trucks between their production and shipping locations on public roads
to work up to 16 hours per day and to return to work with less than the
mandatory 10 consecutive hours off duty. The exemption is similar to
the exemption that allows Cliffs' drivers transporting steel coils to
work the same hours of services (HOS). Unlike the steel coil exemption,
the scrap metal trucks would comply with the heavy hauler trailer
definition, height of rear side marker lights restrictions, tire
loading restrictions, and the coil securement requirements in the
FMCSRs.
DATES: Comments must be received on or before September 27, 2021.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2016-0050 using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=FMCSA-2016-0050. Follow the online
instructions for submitting comments.
<bullet> Mail: Docket Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Dockets Operations.
<bullet> Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety, MC-PSV, (202) 366-5541, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
If you have questions on viewing or submitting material to the docket,
call Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA 2016-0050), indicate the specific section of this
document to which the comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so FMCSA can contact you if there are questions regarding your
submission.
To submit your comment online, go to <a href="http://www.regulations.gov/#!docketDetail">www.regulations.gov/#!docketDetail</a>;D=FMCSA-2016-0050, click on the ``Comment Now!'' button
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=FMCSA-2016-0050 and choose the
document to review. If you do not have access to the internet, you may
view the docket online by visiting Dockets Operations in Room W12-140
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
Privacy Act
DOT solicits comments from the public to better inform its
regulatory process, in accordance with 5 U.S.C. 553(c). DOT posts these
comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL 14--Federal Docket Management System), which
can be reviewed at <a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31315(b) to grant exemptions
from certain parts of the Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request. The Agency reviews the safety analyses and the public comments
and determines whether granting the exemption would likely achieve a
level of safety equivalent to or greater than the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)). If the Agency denies the request, it must state the reason
for doing so. If the decision is to grant the exemption, the notice
must specify the person or class of persons receiving the exemption and
the regulatory provision or provisions from which an exemption is
granted. The notice must specify the effective period of the exemption
(up to 5 years) and explain the terms and conditions of the exemption.
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).
Background
Under 49 CFR 381.315(a), FMCSA must publish a notice of each
exemption request in the Federal Register. The Agency must provide the
public with an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)). If the Agency denies the request, it must state the reason
for doing so. If the decision is to grant the exemption, the notice
must specify the person or class of persons receiving the exemption and
the regulatory provision or provisions from which an exemption
[[Page 47710]]
is granted. The notice must specify the effective period of the
exemption (up to 5 years) and explain the terms and conditions of the
exemption. The exemption may be renewed (49 CFR 381.315(c) and 49 CFR
381.300(b)).
III. Cliff's Application for Exemption
Cliffs, formerly known as ArcelorMittal, requests an exemption to
allow its employee-drivers with CDLs who transport scrap metal on two
trucks between their production and shipping locations to work up to 16
hours per day and return to work with less than the mandatory 10
consecutive hours off duty. The request is similar to the exemption
previously granted that allows Cliffs' drivers transporting steel coils
to work the same HOS, and travel the same distances and routes between
their production and shipping locations. Unlike the steel coil
exemption, the scrap trucks would comply with the definition of a
``heavy hauler trailer'' in 49 CFR 393.5; the required ``height of rear
side marker lights restrictions'' in 49 CFR 393.11 Table1--Footnote 4;
the ``tire loading restrictions'' in 49 CFR 393.75(f); and the ``coil
securement requirements'' in 49 CFR 393.120.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on Cliffs' exemption request. The
request was submitted as part of Cliffs' exemption renewal application
mentioned above. As a new request, however, it is subject to the
separate notice and comment provided by this document. All comments
received before the close of business on the comment closing date
indicated at the beginning of this notice will be considered and will
be available for examination in the docket at the location listed under
the ADDRESSES section of this notice. Comments received after the
comment closing date will be filed in the public docket and will be
considered to the extent practicable. In addition to late comments,
FMCSA will also continue to file, in the public docket, relevant
information that becomes available after the comment closing date.
Interested persons should continue to examine the public docket for new
material.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-18330 Filed 8-25-21; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on August 26, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.