Notice2022-10129
Hours of Service of Drivers: Application for an Exemption From Cleveland-Cliffs Steel, LLC
Primary source
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Published
May 11, 2022
Effective
May 11, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to grant Cleveland-Cliffs Steel, LLC (Cliffs), formerly known as ArcelorMittal Indiana Harbor, LLC, exemption from the hours of service (HOS) that allows 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 HOS schedule. Unlike the steel coil exemption, the scrap metal trucks 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 87 Issue 91 (Wednesday, May 11, 2022)</title>
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[Federal Register Volume 87, Number 91 (Wednesday, May 11, 2022)]
[Notices]
[Pages 28860-28862]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10129]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0050]
Hours of Service of Drivers: Application for an Exemption From
Cleveland-Cliffs Steel, LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of exemption.
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SUMMARY: FMCSA announces its decision to grant Cleveland-Cliffs Steel,
LLC (Cliffs), formerly known as ArcelorMittal Indiana Harbor, LLC,
exemption from the hours of service (HOS) that allows 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 HOS schedule. Unlike the steel coil exemption,
the scrap metal trucks
[[Page 28861]]
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: This exemption is effective May 11, 2022 and ending May 11,
2027.
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.
Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, go to <a href="http://www.regulations.gov">www.regulations.gov</a> 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. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Docket Operations. The online Federal document management system is
available 24 hours a day, 365 days a 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 (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 (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
Cliffs' 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.
Cliffs (USDOT 1313214) operates a steel plant in East Chicago,
Indiana, its principal place of business. Several public roadways run
through the plant area. Scrap metal produced in one portion of the
plant must be transported over two short segments of public highway to
another section of the plant. Both points where the vehicles cross are
controlled intersections, having either traffic lights or a combination
of traffic lights and signs. The first public road the CMVs cross is
Riley Road and it was controlled by a traffic signal in both
directions; however, the City of East Chicago removed the traffic
lights and is in the process of replacing them with four-way stop
signs. The distance traveled is 80 feet. The average number of
crossings at this intersection is 32 per day. The second crossing is at
Dickey Road and 129th Street, which is controlled by a stop sign and
traffic light. The distance traveled here is .2 miles. The trucks cross
129th Street 32 times per day.
According to Cliffs, the current HOS regulations create problems as
employee-drivers typically work an 8-hour shift plus overtime while
employees in the production and shipping areas work 12-hour shifts.
Employee-drivers must go home under the current arrangement, leaving a
4-hour gap between production and the driver's schedule, creating an
overrun of scrap metal for disposal and/or recycling.
Cliffs advised that it would ensure that all employee-drivers would
not work more than 16 hours per shift, would receive 8 hours off duty
between shifts, and would not be allowed to drive more than 10 percent
of their total workday.
Cliffs acknowledged in its application that these scrap metal truck
drivers would remain subject to all of the other applicable Federal
regulations. This includes CDLs, controlled substance and alcohol
testing, inspection, maintenance, and repair of vehicles. A copy of
Cliffs' application for the exemption is available for review in the
docket for this notice.
Comments
FMCSA published a notice of the application in the Federal Register
on August 26, 2021, requesting public comment (86 FR 47708). The Agency
received comments from five individuals.
Jeffrey Hill wrote ``We have regulations in place to ensure drivers
are well rested and alert during service hours. The company should not
be granted additional hours. Sixteen hours is way too many hours. These
drivers will be over worked and become fatigued.'' Mathew Hillegas
commented ``This sounds like an accident just looking for place to
happen. There is so much traffic congestion in this area that requires
a driver to be on their A game not half wore out with little chance to
get proper rest.''
A&A Express, LLC stated, ``They should not be approved for the
waiver. I own and operate a trucking company and drivers need their
rest and sleep. Running those longer hours and with less than a 10-hour
break is too dangerous. Barry Owen wrote ``Companies are pushing
drivers more than ever, the truck drivers are fatigued enough! Now
companies want longer hours for the drivers! As a driver, I say no!''
Michael Millard stated ``I hope the FMCSA denies the application
for an exception to the HOS submitted by Cleveland-Cliffs Steel, LLC.
The application goes against the HOS and general human needs; whereas,
eight hours off between shifts involves commute time to and from work,
time for personal hygiene and wellness limiting drivers to possibly
less than five hours of sleep between shifts.''
FMCSA Response
FMCSA ensured that the motor carrier possessed an active USDOT
registration, minimum required levels of insurance, and was not subject
to any ``imminent hazard'' or other out-of-service orders. The Agency
conducted a comprehensive investigation of the safety performance
history of the motor carrier during the
[[Page 28862]]
review process. As part of this process, FMCSA reviewed its Motor
Carrier Management Information System safety records, including
inspection and accident reports submitted to FMCSA by State agencies.
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 Table 1--Footnote 4; the ``tire loading
restrictions'' in 49 CFR 393.75(f); and the ``coil securement
requirements'' in 49 CFR 393.120. As the Agency stated in the steel
coil exemption, 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.
FMCSA Decision
The FMCSA has evaluated Cliffs' application for exemption and the
public comments and hereby grants the exemption. The Agency believes
that Cliffs' overall safety performance, as well as other factors
discussed in its application (principally the short distances and low
speeds of its operations on public highways) will enable it to 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)).
Terms and Conditions for the Exemption
1. Period of the Exemption
The exemption is effective for a 5-year period, beginning May 11,
2022 and ending May 11, 2027.
2. Extent of the Exemption
The exemption from the requirements of 49 CFR part 395 is
restricted to Cliffs' scrap truck drivers. 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.
The CMVs must cross only on Riley Road, where they travel 80 feet
and Dickey Road and 129th Street where they travel .2 miles to move
scrap metal from one part of the plant to another section of the plant.
All drivers must have CDLs, and drivers and vehicles must comply with
all other applicable provisions of the Federal Motor Carrier Safety
Regulations.
3. Preemption
In accordance with 49 U.S.C. 31315(d), during the period this
exemption is in effect, no State shall enforce any law or regulation
that conflicts with or is inconsistent with these exemptions with
respect to a firm or person operating under this exemption.
4. Notification to FMCSA
Cliffs must notify FMCSA within 5 business days of any accident (as
defined in 49 CFR 390.5), involving any of the motor carrier's CMVs
operating under the terms of this exemption. The notification must be
emailed to <a href="/cdn-cgi/l/email-protection#7a37392a293e3a3e352e543d352c"><span class="__cf_email__" data-cfemail="3f727c6f6c7b7f7b706b11787069">[email protected]</span></a> and include the following information:
a. Exemption Identifier: ``Cleveland-Cliffs Steel, LLC'';
b. Name and USDOT number of the motor carrier;
c. Date of the accident;
d. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident;
e. Driver's name and driver's license number;
f. Vehicle number and State license 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 total driving time and the total on-duty time of the CMV
driver at the time of the accident.
5. Termination
FMCSA does not believe the motor carrier, the drivers, and CMVs
covered by the exemption will experience any deterioration of their
safety record. However, should this occur, FMCSA will take all steps
necessary to protect the public interest, including revocation of the
exemption. FMCSA will immediately revoke the exemption for failure to
comply with its terms and conditions.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-10129 Filed 5-10-22; 8:45 am]
BILLING CODE 4910-EX-P
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