[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Notices]
[Pages 54285-54287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2016-0050. Follow the online 
instructions for submitting comments.
     Mail: Docket Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     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.
     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 www.regulations.gov/#!docketDetail;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 http://www.regulations.gov/#!docketDetail;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,

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without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL 14--Federal Docket Management System), which can be 
reviewed at www.transportation.gov/privacy.

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


