Notice2026-20048
Hours of Service of Drivers; Parts and Accessories Necessary for Safe Operation; Exemption Renewal for 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
September 30, 2026
Effective
September 23, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to provisionally renew and consolidate two exemptions previously granted to Cleveland-Cliffs Steel LLC (Cliffs), formerly ArcelorMittal Indiana Harbor, LLC, from certain hours-of-service (HOS) and parts and accessories requirements of the Federal Motor Carrier Safety Regulations (FMCSRs). The provisional renewal allows Cliffs' employee-drivers with commercial driver's licenses (CDLs) who transport steel coils or scrap metal between the company's production and shipping locations to work up to 16 consecutive hours in a duty period and return to work following at least 8 hours off duty when necessary. The exemption also allows Cliffs to continue using certain specialized coil carrier commercial motor vehicles (CMVs) that do not meet the definition of a "heavy hauler trailer," the requirements concerning the height of rear side marker lamps, tire loading restrictions, and the commodity-specific cargo securement requirements for metal coils. The relief from the requirements of 49 CFR part 393 applies only to Cliffs' specialized coil carrier CMVs; the scrap trucks remain subject to the applicable parts and accessories requirements. FMCSA requests public comment on the provisional renewal and consolidation of the exemptions.
Full Text
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<title>Federal Register, Volume 91 Issue 188 (Wednesday, September 30, 2026)</title>
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[Federal Register Volume 91, Number 188 (Wednesday, September 30, 2026)]
[Notices]
[Pages 61916-61919]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20048]
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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 Necessary for
Safe Operation; Exemption Renewal for Cleveland-Cliffs Steel LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of provisional renewal of exemption; request for
comments.
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SUMMARY: FMCSA announces its decision to provisionally renew and
consolidate two exemptions previously granted to Cleveland-Cliffs Steel
LLC (Cliffs), formerly ArcelorMittal Indiana Harbor, LLC, from certain
hours-of-service (HOS) and parts and accessories requirements of the
Federal Motor Carrier Safety Regulations (FMCSRs). The provisional
renewal allows Cliffs' employee-drivers with commercial driver's
licenses (CDLs) who transport steel coils or scrap metal between the
company's production and shipping locations to work up to 16
consecutive hours in a duty period and return to work following at
least 8 hours off duty when necessary. The exemption also allows Cliffs
to continue using certain specialized coil carrier commercial motor
vehicles (CMVs) that do not meet the definition of a ``heavy hauler
trailer,'' the requirements concerning the height of rear side marker
lamps, tire loading restrictions, and the commodity-specific cargo
securement requirements for metal coils. The relief from the
requirements of 49 CFR part 393 applies only to Cliffs' specialized
coil carrier CMVs; the scrap trucks remain subject to the applicable
parts and accessories requirements. FMCSA requests public comment on
the provisional renewal and consolidation of the exemptions.
DATES: This exemption is effective September 23, 2026, through March
23, 2027, 11:59 p.m. local time, unless revoked earlier. Comments must
be received on or before October 30, 2026.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2016-0050 by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W58-213, West Building,
Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: 1200 New Jersey Avenue SE, W58-
213, West Building, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
<bullet> Each submission must include the Agency name and the
docket number (FMCSA-2016-0050) for this notice. Note that DOT posts
all comments received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including
any personal information included in a comment. Please see the Privacy
Act heading below.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, 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 FDMS (Federal Docket Management System (FDMS)), which
can be reviewed at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. The comments are posted without
edit and are searchable by the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, Vehicle and
Roadside Operations Division, Office of Carrier, Driver, and Vehicle
Safety, FMCSA; <a href="/cdn-cgi/l/email-protection#f6bbb5a6a5a0b6929982d8919980"><span class="__cf_email__" data-cfemail="09444a595a5f496d667d276e667f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages interested persons to participate in this
proceeding by submitting comments and related materials regarding
Cliffs' application for renewal and consolidation of its exemptions.
A. 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 your
suggestions or recommendations. 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 the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to <a href="https://www.regulations.gov/docket/FMCSA-2016-0050/document">https://www.regulations.gov/docket/FMCSA-2016-0050/document</a>, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
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.
FMCSA will consider all comments and material received during the
comment period. Comments received after the comment closing date will
be filed in the public docket and will be considered to the extent
practicable.
B. Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information
[[Page 61917]]
that is customarily treated as private, that you actually treat as
private, and that is relevant or responsive to the notice, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission that constitutes CBI as
``PROPIN'' to indicate it contains proprietary information. FMCSA will
treat such marked submissions as confidential under the Freedom of
Information Act, and they will not be placed in the public docket of
the notice. Submissions containing CBI should be sent to Brian Dahlin,
Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590-0001 or via email at
<a href="/cdn-cgi/l/email-protection#781a0a111916561f561c1910141116381c170c561f170e"><span class="__cf_email__" data-cfemail="e0829289818ece87ce8481888c898ea0848f94ce878f96">[email protected]</span></a>. At this time, you need not send a duplicate
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any
comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this notice.
C. 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="https://www.regulations.gov">https://www.regulations.gov</a>, insert FMCSA-2016-0050 in the keyword box, select
the document tab and choose the document to review. To view comments,
click this notice, then click ``Browse Comments.'' If you do not have
access to the internet, you may view the docket by visiting Dockets
Operations in the DOT West Building, 1200 New Jersey Avenue SE, W58-
213, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from 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 the applicant's safety analysis. The Agency must provide an
opportunity for public comment on the request.
The Agency reviews the application, 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 absent such exemption, pursuant to the
standard set forth in 49 U.S.C. 31315(b)(1). The Agency must publish
its decision in the Federal Register (49 CFR 381.315(b)). If granted,
the notice will identify the regulatory provision(s) from which the
exempted party will be exempt, the effective period, and all terms and
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is
denied, the notice will explain the reason for the denial (49 CFR
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
III. Background
Current Regulatory Requirements
Under 49 CFR 395.3(a), drivers of property-carrying CMVs may not
drive after having been on duty for a period of 14 consecutive hours
until they have been off duty for a minimum of 10 consecutive hours, or
the equivalent of at least 10 consecutive hours off duty. Section 393.5
defines the term ``heavy hauler trailer.'' Section 393.11, Table 1--
Footnote 4, specifies requirements concerning the mounting height of
rear side marker lamps. Section 393.75(f) establishes tire loading
restrictions. Section 393.120 establishes commodity-specific cargo
securement requirements for metal coils.
Prior Exemptions
Cliffs operates a steel plant at 3001 Dickey Road in East Chicago,
Indiana. Public roads pass through portions of the facility, requiring
Cliffs to cross public roadways when moving steel coils and scrap metal
between areas of the plant for further processing or shipment.
A. Steel Coils
Cliffs uses specialized tractor-trailer combinations designed to
transport steel coils within the facility. The trailers are designed
with cradles that hold between one and five steel coils. According to
Cliffs, the tractor-trailer combinations have an unloaded gross
combination weight of approximately 77,000 pounds and may weigh as much
as 263,171 pounds when fully loaded. The vehicles have a maximum speed
of approximately 30 to 33 miles per hour and operate at approximately
15 miles per hour when fully loaded. The trailers also use off-road
tires necessary for the surface conditions and loads encountered within
the facility.
The coil carriers cross public roadways at two locations. The first
crossing is at Riley Road and is approximately 80 feet in length. The
second is at Dickey Road and 129th Street and involves approximately
0.2 mile of travel on a public roadway. Cliffs states that both
crossings are controlled intersections and that it currently averages
approximately 32 crossings per day at each location.
FMCSA originally granted the steel-coil exemptions in 2016 (81 FR
65574). The Agency renewed the exemptions effective September 23, 2021,
through September 23, 2026 (86 FR 54285). The HOS exemption permits
covered employee-drivers to work up to 16 consecutive hours in a duty
period and return to work following at least 8 hours off duty when
necessary. The part 393 exemption is limited to Cliffs' coil carrier
CMVs and provides relief from Sec. Sec. 393.5; 393.11, Table 1--
Footnote 4; 393.75(f); and 393.120. The vehicles may use the exemption
only at the Riley Road and Dickey Road/129th Street crossings.
B. Scrap-Truck Exemption
Cliffs also operates two trucks that transport scrap metal across
the same two public-roadway crossings used by the coil carriers. On May
11, 2022, FMCSA granted Cliffs a separate exemption from the HOS
requirements in 49 CFR part 395 for the drivers of these scrap trucks
(87 FR 28860). The exemption is effective through May 11, 2027.
Under that exemption, Cliffs' scrap-truck drivers may work up to 16
consecutive hours in a duty period and return to work following at
least 8 hours off duty when necessary. The exemption is limited to the
same Riley Road and Dickey Road/129th Street crossings. Unlike the
specialized coil carriers, the scrap trucks are not exempt from the
requirements of Sec. Sec. 393.5, 393.11, 393.75(f), or 393.120 and
must comply with all applicable requirements in part 393.
Cliffs states that the scrap-truck drivers work the same schedules
and are subject to the same safety controls as the coil-carrier
drivers. Cliffs also states that each scrap truck is weighed before
movement to ensure that it does not exceed 80,000 pounds.
Application for Renewal and Consolidation of Exemptions
On July 21, 2026, Cliffs applied for a 5-year renewal of both the
steel coil and scrap metal exemptions and requested that FMCSA
consolidate them into a single exemption. Cliffs states that both
exemptions arise from the same plant operation, involve the same two
public-roadway crossings, and impose the same HOS terms and safety
controls. Cliffs therefore requested that the Agency administer the
relief under a single effective period.
Cliffs states that driving constitutes approximately 10 percent of
the covered employees' workday and that employees
[[Page 61918]]
do not work more than 16 hours per day, with a 16-hour workday being
the exception rather than the rule. Cliffs explained that its drivers
generally work an 8-hour shift plus overtime while the production and
shipping areas operate 12-hour shifts. Without the exemption, the
difference in schedules creates a potential gap in the movement of
coils and scrap between portions of the facility.
Cliffs also states that there have been no safety-related incidents
or accidents attributable to operations under the exemptions during the
past 10 years and that its operations remain substantially the same as
when FMCSA granted the existing exemptions.
IV. Equivalent Level of Safety Analysis
FMCSA is not aware of any evidence showing that Cliffs' operations
in accordance with the terms and conditions of the existing exemptions
have resulted in a degradation in safety.
The exemptions continue to apply under limited operating
conditions. The covered CMVs travel only short distances on public
roads within or immediately adjacent to Cliffs' East Chicago facility.
The crossings occur at controlled intersections. The coil carriers
operate at low speeds when loaded, and Cliffs marks and flags the
vehicles as oversize loads and uses conspicuity tape to increase their
visibility to other motorists. Covered drivers hold CDLs and remain
subject to all other applicable FMCSRs. These considerations formed
part of FMCSA's safety determination when the Agency originally granted
and subsequently renewed the steel-coil exemption.
The scrap-truck exemption involves the same HOS relief, routes, and
short public-road exposure. When FMCSA granted that exemption in 2022,
the Agency determined that Cliffs' overall safety performance, together
with the short distances and low speeds involved in the operation,
would provide a level of safety equivalent to or greater than
compliance with the otherwise applicable requirements.
Cliffs reports that these operating conditions and safety controls
remain substantially unchanged and that no safety-related incidents or
accidents have been attributable to operations under the exemptions.
Therefore, for the reasons discussed above and in FMCSA's previous
decisions, FMCSA concludes that provisionally renewing and
consolidating the exemptions for an additional 5 years, subject to the
terms and conditions below, would likely maintain a level of safety
equivalent to, or greater than, the level of safety achieved without
the exemptions.
V. Exemption Decision
A. Grant of Exemption
FMCSA provisionally renews and consolidates Cliffs' two existing
exemptions for six months, subject to the terms and conditions of this
decision and the absence of adverse public comments that would cause
the Agency to revoke the exemption. The consolidated exemption is
effective September 23, 2026, through March 23, 2027, 11:59 p.m. local
time, unless revoked earlier.
Effective September 23, 2026, this consolidated exemption
supersedes the steel-coil exemption renewed effective September 23,
2021, and the separate scrap-truck exemption granted effective May 11,
2022.
B. Applicability of Exemption
The exemption from the requirements of 49 CFR 395.3(a) is
restricted to Cliffs' employee-drivers with CDLs who transport steel
coils or scrap metal between the production and shipping locations
identified in Cliffs' application. Drivers utilizing the exemption may
work up to 16 consecutive hours in a duty period and return to work
following at least 8 hours off duty when necessary.
The exemption from Sec. Sec. 393.5; 393.11, Table 1--Footnote 4;
393.75(f); and 393.120 is restricted exclusively to Cliffs' specialized
CMVs used to transport steel coils. Cliffs' scrap trucks are not
covered by the exemptions from these provisions and must comply with
all applicable requirements of part 393.
CMVs operating under this exemption may use the public roadways
only at Riley Road, where the vehicles travel approximately 80 feet,
and at the intersection of Dickey Road and 129th Street, where the
vehicles travel approximately 0.2 mile, and only for the purpose of
moving steel coils or scrap metal between portions of Cliffs' facility.
All drivers operating under this exemption must hold CDLs. Drivers
and vehicles must comply with all other applicable provisions of the
FMCSRs. Cliffs must maintain any oversize or overweight permits
required by State or local authorities.
C. Notification to FMCSA
Cliffs must notify FMCSA within 5 business days of any accident, as
defined in 49 CFR 390.5, involving a CMV operating pursuant to this
exemption. The notification must be submitted to <a href="/cdn-cgi/l/email-protection#074a445754514763687329606871"><span class="__cf_email__" data-cfemail="307d7360636670545f441e575f46">[email protected]</span></a> and
include the following information:
1. Exemption identifier: ``Cleveland-Cliffs Steel LLC'';
2. Name and USDOT number of the motor carrier;
3. Date of the accident;
4. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident;
5. Driver's name and driver's license number;
6. Vehicle number and State license number;
7. Number of individuals suffering physical injury;
8. Number of fatalities;
9. The police-reported cause of the accident;
10. Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations; and
11. The total driving time and total on-duty time of the CMV driver
at the time of the accident.
D. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a person operating under the
exemption. States may, but are not required to, adopt the same
exemption with respect to operations in intrastate commerce.
E. Revocation
The exemption will be valid for 5 years as provided in section
V.A., unless revoked earlier by FMCSA. FMCSA does not believe that
Cliffs, its drivers, or the CMVs operating under this exemption will
experience any deterioration in their safety record. However, should
this occur, FMCSA will take all steps necessary to protect the public
interest, including revocation of the exemption without prior notice.
FMCSA will immediately revoke the exemption if: (1) Cliffs, its
drivers, or CMVs fail to comply with the terms and conditions of the
exemption; (2) the exemption results 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 or chapter 313.
VI. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Cliffs' application to renew and
consolidate its existing exemptions. FMCSA specifically requests
information concerning the safety performance of Cliffs' drivers and
CMVs operating under the exemption and whether the consolidated
exemption
[[Page 61919]]
would maintain the requisite statutory level of safety.
All comments received before the close of business on the comment
closing date of this notice will be considered and will be available
for examination in the docket. Comments received after the comment
closing date will be filed in the public docket and considered to the
extent practicable.
Derek D. Barrs,
Administrator.
[FR Doc. 2026-20048 Filed 9-29-26; 8:45 am]
BILLING CODE 4910-EX-P
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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.