[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Notices]
[Pages 53147-53149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22704]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0142]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Castignoli Enterprises

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant Castignoli Enterprises' (Castignoli) 
application for a limited 5-year exemption to allow a sleeper berth to 
be installed in the bed of a Ford F350 pickup truck that, when operated 
in combination with certain trailers, is a commercial motor vehicle 
(CMV) under the Federal Motor Carrier Safety Regulations (FMCSRs). A 
sleeper berth installed in the bed of the pickup truck does not meet 
the access, location, exit, communication, or occupant restraint 
requirements for sleeper berths as prescribed in the FMCSRs. The Agency 
has determined that allowing the sleeper berth to be installed in the 
bed of the pickup would not have an adverse impact on safety and that 
adherence to the terms and conditions of the exemption will likely 
achieve a level of safety equivalent to or greater than the level of 
safety provided by the regulation.

DATES: This exemption is applicable October 19, 2018 and ending 
Thursday, October 19th, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676, 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 www.regulations.gov 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. The on-line Federal document 
management system is available 24 hours each day, 365 days each 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. 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 and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

Castignoli's Application for Exemption

    Castignoli applied for an exemption from 49 CFR 393.76(a)(3), 
(b)(2), (c), (d), and (h) to allow a sleeper berth to be installed in 
the bed of a Ford F350 pickup truck. A copy of the application is 
included in the docket referenced at the beginning of this notice.
    Section 393.76 of the FMCSRs provides various requirements for 
sleeper berths installed in in CMVs. Specific to Castignoli's exemption 
application:
    1. Section 393.76(a)(3), ``Access,'' requires a sleeper berth to be 
constructed so that an occupant's ready entrance to, and exit from the 
sleeper berth is not unduly hindered.
    2. Section 393.76(b)(2), ``Location,'' requires a sleeper berth 
located within the cargo space of a motor vehicle to be securely 
compartmentalized from the remainder of the cargo space.
    3. Section 393.76(c), ``Exit from the berth,'' requires a direct 
and ready

[[Page 53148]]

means of exit from a sleeper berth into the driver's seat or 
compartment.
    4. Section 393.76(d), ``Communication with the driver,'' requires a 
sleeper berth which is not located within the driver's compartment and 
has no direct entrance into the driver's compartment to be equipped 
with a means of communication between the occupant and the driver. The 
means of communication may consist of a telephone, speaker tube, 
buzzer, pull cord, or other mechanical or electrical device.
    5. Section 393.76(h), ``Occupant restraint,'' requires a motor 
vehicle manufactured on or after July 1, 1971, and equipped with a 
sleeper berth to be equipped with a means of preventing ejection of the 
occupant of the sleeper berth during deceleration of the vehicle. The 
restraint system must be designed, installed, and maintained to 
withstand a minimum total force of 6,000 pounds applied toward the 
front of the vehicle and parallel to the longitudinal axis of the 
vehicle.
    The applicant states that he is the owner/operator of Castignoli, 
and is the ``solo driver of a hot shot hauler, F350 1-ton pickup with 
trailer . . .'' \1\ The applicant states that as a solo driver, ``there 
is no ready need for access between the sleeper berth and the driver's 
compartment.'' In addition, the applicant states:
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    \1\ In trucking, the term ``hot shot'' commonly refers to either 
the truck or the freight--often both. In the former sense, its 
normally a Class 3-5 truck used in combination with a variety of 
trailers to run for hire freight, whether for a single customer or 
less-than-truckload. The truck is often a \3/4\ to 1 \1/2\ ton 
pickup outfitted with weight-distributing gooseneck or fifth-wheel-
type connections to a trailer.

    I plan to incorporate the sleeper berth into the bed of the tow 
vehicle. The utilization of this type of sleeper berth, would allow 
myself (as the sole driver) to meet the hours of [10-hour] service 
rest period requirements by utilizing a sleeper berth incorporated 
into the bed of the vehicle (Rear covered, ventilated, insulated, 
bed with cap and full size twin mattress) in lieu of a motel each 
evening. The tow vehicle/trailer combination would not be operating 
on the roadway during my 10-hour rest period, so there is no benefit 
in having the access requirements to the driver compartment, nor any 
need for communication with the driver (myself), nor any occupant 
restraint requirement as the vehicle is not moving while I am 
sleeping. The sleeper berth is separate from the trailer behind the 
tow vehicle, and is therefore separate from the cargo.
    The current FMCSR regulatory requirements for sleeper berth 
access seem to rely on the assumption that one driver is driving 
while another driver is in the sleeper berth, and that the truck is 
moving always. The situation that I have as a single driver is that 
when I am off duty, the vehicle is not moving and therefore direct 
access to the sleeper berth area should not be required, and since 
the vehicle is not moving there is no need for occupant restraint 
systems nor a means for communication with the driver. All other 
dimensional requirements, ventilation, and protection against 
exhaust and fuel leaks will be met.

    The applicant states that because of mobility issues associated 
with a partially fused spine, it is easier for him to access a sleeper 
berth installed in the bed of the pickup truck as opposed to a sleeper 
berth that could be installed in the back seat of the pickup truck that 
meets the requirements of the FMCSRs. The exemption would apply only to 
Castignoli's sole driver and pickup truck. Castignoli believes that the 
sleeper berth installed in the bed of the pickup truck will maintain a 
level of safety that is equivalent to, or greater than, the level of 
safety achieved without the exemption.

Comments

    FMCSA published a notice of the application in the Federal Register 
on April 24, 2018, and asked for public comment (83 FR 17883). The 
Agency received sixty-five comments, all from individuals. Nearly all 
of the commenters (61) supported the exemption application. These 
commenters stated that sleeper berth requirements should be flexible 
enough to allow a sleeper berth to be accessed from outside the driver 
compartment for solo operators, and without the regulatory requirements 
pertaining to access, exit from the berth, communication with the 
driver, and occupant restraint for vehicles that are not moving during 
the sleeper berth rest period. Two commenters opposed the exemption 
application, expressing concerns that a sleeper berth installed in the 
bed of a pickup truck will not be large enough to allow the driver 
enough space to get adequate rest. Two commenters did not express 
support or oppose the exemption application.

FMCSA Decision

    The FMCSA has evaluated the Castignoli exemption application, and 
the comments received. The Agency believes that granting the temporary 
exemption to allow a sleeper berth to be installed in the pickup truck 
bed will provide a level of safety that is equivalent to, or greater 
than, the level of safety achieved without the exemption. Sleeper 
berths provide an option for drivers to obtain the rest necessary under 
the hours-of-service rules in part 395 of the FMCSRs without having to 
pay lodging costs at a hotel/motel. In the case of team driving 
operations, a sleeper berth allows one person to obtain the necessary 
rest (a ``relief driver'') while the other person is driving, allowing 
a vehicle to be operated continuously and thereby increasing 
productivity.
    Previous rulemakings have specifically noted the use of sleeper 
berths by relief drivers in team driving operations. The sleeper berth 
requirements were revised in April 1974 to increase the minimum 
interior dimensional requirements for sleeper berths in CMVs (39 FR 
14710). In that final rule, the Federal Highway Administration's Bureau 
of Motor Carrier Safety (the predecessor to FMCSA) stated that ``In 
sleeper berth trucking operations it is of critical importance that 
relief drivers be fresh and alert when they assume their driving 
tasks.'' [Emphasis added.] Additionally, when considering possible 
changes to the shape of the sleeper berth, the Bureau of Motor Carrier 
Safety stated that use of ``slant-back'' cab designs which incorporate 
a slanted rear cab wall and do not provide a rectangular sleeper berth 
compartment was not permissible because it ``represents an intrusion 
into the relief driver's sleeping space.'' [Emphasis added.]
    In team driving operations, it is important for the person in the 
sleeper berth (i.e., the relief driver) to be able to communicate with 
the person driving the vehicle, to be able to directly access the 
driver's seat or compartment, and to be restrained when the vehicle is 
in motion. These provisions are not applicable, however, in the case of 
Castignoli where a solo driver is operating a pickup truck and a 
trailer, and the sleeper berth is only used by the solo driver when the 
vehicle is not in motion. In this operating scenario, FMCSA believes 
that as long as the sleeper berth dimensional (Sec.  393.76(a)(1)), 
shape (Sec.  393.76(a)(2)), equipment (Sec.  393.76(e)), ventilation 
(Sec.  393.76(f)), and protection against exhaust and fuel leaks and 
exhaust heat (Sec.  393.76(g)) provisions are satisfied, the solo 
driver will be able to obtain the necessary rest and there will be no 
degradation in safety. Additionally, the Agency believes that allowing 
flexibility in the location of the sleeper berth is likely to improve 
the overall level of safety to the motoring public by allowing drivers 
additional options to get their mandatory rest periods.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period, 
beginning October 19, 2018 and ending

[[Page 53149]]

Thursday, October 19, 2023. During the temporary exemption period, 
Castignoli will be allowed to utilize a sleeper berth installed in the 
bed of a pickup truck that, when operated in combination with certain 
trailers, is a CMV. The sleeper berth must comply fully with the 
requirements of Sec.  393.76(a)(1), Sec.  393.76(a)(2), Sec.  
393.76(e), Sec.  393.76(f), and Sec.  393.76(g). The sleeper berth 
shall be used only by the owner/operator of Castignoli, and no other 
person is permitted to be in the sleeper berth while the vehicle is in 
motion.
    The exemption will be valid for 5 years unless rescinded earlier by 
FMCSA. The exemption will be rescinded if: (1) Castignoli fails 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(b).
    Interested parties possessing information that would demonstrate 
that Castignoli's use of a sleeper berth installed in the bed of pickup 
truck when operating as a CMV is not achieving the requisite statutory 
level of safety should immediately notify FMCSA. The Agency will 
evaluate any such information and, if safety is being compromised or if 
the continuation of the exemption is not consistent with 49 U.S.C. 
31136(e) and 31315(b), will take immediate steps to revoke the 
exemption.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to 
Castignoli Enterprises operating under the exemption. States may, but 
are not required to, adopt the same exemption with respect to 
operations in intrastate commerce.

    Issued on: October 10, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-22704 Filed 10-18-18; 8:45 am]
 BILLING CODE 4910-EX-P


