Notice2021-21233
Hours of Service of Drivers; Parts and Accessories: Application for Exemptions Renewal for Cleveland-Cliffs Steel, LLC, Formerly Known as ArcelorMittal Indiana Harbor, LLC
Primary source
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Published
September 30, 2021
Effective
September 23, 2021
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA renews the exemption granted Cleveland-Cliffs Steel, LLC (Cliffs), formerly ArcelorMittal Indiana Harbor, LLC, from certain hours-of-service (HOS) and cargo securement rules and requests public comment on the renewal. The renewal of the exemption allows Cliffs' employee-drivers with commercial driver's licenses (CDLs), who transport steel coils a fraction of a mile between their production and shipping locations on public roads, to continue to work up to 16 hours per day, and to operate with less than 10 consecutive hours off duty between work shifts. The renewal of the exemption also allows Cliffs to use metal coil carriers that do not meet the "heavy hauler trailer" definition, restrictions on the height of rear side marker lamps, tire loading restrictions, and the commodity-specific cargo securement requirements for metal coils. The Agency has concluded that granting the request for a renewal of the exemption will likely maintain a level of safety that is equivalent to or greater than the level of safety achieved through compliance with the specific regulatory requirements. The Agency requests comments on the Cliff's request for a renewal of the exemption.
Full Text
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<title>Federal Register, Volume 86 Issue 187 (Thursday, September 30, 2021)</title>
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[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54285-54287]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21233]
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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 Exemptions Renewal for Cleveland-Cliffs Steel, LLC, Formerly Known
as ArcelorMittal Indiana Harbor, LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption; request for comments.
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SUMMARY: FMCSA renews the exemption granted Cleveland-Cliffs Steel, LLC
(Cliffs), formerly ArcelorMittal Indiana Harbor, LLC, from certain
hours-of-service (HOS) and cargo securement rules and requests public
comment on the renewal. The renewal of the exemption allows Cliffs'
employee-drivers with commercial driver's licenses (CDLs), who
transport steel coils a fraction of a mile between their production and
shipping locations on public roads, to continue to work up to 16 hours
per day, and to operate with less than 10 consecutive hours off duty
between work shifts. The renewal of the exemption also allows Cliffs to
use metal coil carriers that do not meet the ``heavy hauler trailer''
definition, restrictions on the height of rear side marker lamps, tire
loading restrictions, and the commodity-specific cargo securement
requirements for metal coils. The Agency has concluded that granting
the request for a renewal of the exemption will likely maintain a level
of safety that is equivalent to or greater than the level of safety
achieved through compliance with the specific regulatory requirements.
The Agency requests comments on the Cliff's request for a renewal of
the exemption.
DATES: The renewal of the exemption is effective September 23, 2021.
Comments must be received on or before November 1, 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 2021-0098), 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-201-0050, 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,
[[Page 54286]]
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
Under 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA may renew an
exemption from the Federal Motor Carrier Safety Regulations for a 5-
year period if it finds ``such exemption would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved absent such exemption.'' Cliffs has requested a five-year
extension of the current exemption Docket No. FMCSA-2016-0050. The
procedures for requesting an exemption (including renewals) are set out
in 49 CFR part 381.
III. 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 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)).
IV. Basis for Renewing Exemption
Cliffs, formerly ArcelorMittal, applied to renew an exemption that
allows (1) its employee-drivers with CDLs, who transport steel coils
between the company's production and shipping locations on public
roads, to work up to 16 hours per day and return to work with less than
the mandatory 10 consecutive hours off duty; and (2) to use coil
carriers that do not meet the ``heavy hauler trailer'' definition,
restrictions on the height of rear side marker lights, tire loading
restrictions, and the coil securement requirements in part 393 of the
FMCSRs. On September 23, 2016, FMCSA published a notice of final
disposition granting the exemption until September 23, 2021 (81 FR
65574). The renewal outlined in this notice extends the exemption
through September 23, 2026, and requests public comment.
Equivalent Level of Safety
With regard to the method to ensure that a level of safety
equivalent to compliance with to the applicable FMCSRs, the Agency
indicated in its September 23, 2016 notice that the company asserted
that it has taken additional precautions to use public roadways for the
shortest possible distances and only at controlled intersections. The
Agency explained that the company ensures that all lights are properly
working on both the tractor and trailer. It also flags and marks the
vehicles as ``oversize'' loads. Trailers have conspicuity tape down the
entire side to make them more visible to other traffic. FMCSA noted
that the applicant believes that its additional precautions ensure a
level of safety that is equivalent to or exceeds the level of safety
achieved by following the regulations.
The company acknowledged in its application that the drivers would
remain subject to all the other applicable Federal regulations. This
includes qualification of drivers, controlled substance and alcohol
testing. Also, the company would ensure full compliance with the
inspection, repair and maintenance rules.
FMCSA emphasizes that the renewal of the exemptions would continue
under extremely narrow conditions. One exemption enables the drivers
them to work up to 16 consecutive hours in a duty period and return to
work with a minimum of at least 8 hours off duty when necessary. This
is somewhat comparable to current HOS regulations that allow certain
``short-haul'' drivers a 16-hour driving ``window'' once a week (49 CFR
395.1(o)) and other non-CDL short-haul drivers two 16-hour duty periods
per week (49 CFR 395.1(e)(2)), provided specified conditions are met.
However, current regulations require a minimum of 10 hours off duty
between duty periods.
The other exemption is restricted to company's coil carriers as
described in its application. The exemption enables CMVs that do not
meet the parts and accessories requirements in part 393 to use two
short segments of public highway to move coils from one part of the
plant to another for shipment to its customers. The CMVs operated by
Cleveland-Cliffs' drivers will be exposed to other traffic for very
brief periods, as discussed above.
Preliminary Decision To Renew the Exemption
FMCSA is not aware of any evidence of a degradation in safety
attributable to the current exemption for employee-drivers and trucks
that transport metal coils. There is no indication of an adverse impact
on safety while operating under the terms and conditions specified in
the September 23, 2016 (81 FR 65574) notice of final determination.
The exemption is renewed subject to the requirements that only
Cliff's drivers that transport steel coil are exempted from 49 CFR part
395. Drivers utilizing the exemption may work up to 16 consecutive
hours in a duty period and return to work with a minimum of at least 8
hours off duty when necessary.
In addition, the exemption from certain sections in 49 CFR part 393
(Sec. Sec. 393.5; 393.11 Table 1--Footnote 4; 393.75(f); and 393.120)
is restricted to Cliffs' CMVs that transport coils. The CMVs must only
cross on Riley Road, where they travel 80 feet and Dickey Road and
129th Street where they travel .2 miles to move coils from one part of
the plant to another for shipment to its customers. All drivers must
have CDLs and drivers and vehicles must comply with all other
applicable provisions of the Federal Motor Carrier Safety Regulations.
Cliffs must maintain any oversize-overweight permits required by local
authorities.
The exemption will be rescinded if: (1) Cliffs fail 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.
The Agency believes that extending the exemption granted on
September 23, 2016 for another five years, under the same terms and
conditions, will likely achieve a level of safety that is equivalent
to, or greater than, the level of safety achieved without the
exemption.
V. Request for Comments
FMCSA requests comments from parties with data concerning the
safety record of Cliffs' steel coil drivers and their respective
trucks. The Agency will evaluate any adverse evidence submitted and, if
safety is being
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compromised or if continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA
will take immediate steps to revoke Cliff's renewal exemption.
John Van Steenburg,
Executive Director.
[FR Doc. 2021-21233 Filed 9-29-21; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on September 30, 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.