[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Rules and Regulations]
[Pages 65574-65576]
[FR Doc No: 2016-22963]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 393 and 395

[Docket No. FMCSA-2016-0050]

Hours of Service of Drivers; Parts and Accessories: ArcelorMittal
Indiana Harbor, LLC, Application for Exemptions

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

ACTION: Notice of final disposition; grant of application for
exemptions.

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SUMMARY: FMCSA announces its decision to grant ArcelorMittal Indiana
Harbor, LLC (ArcelorMittal) exemptions from the hours of service (HOS)
and parts and accessories rules. One exemption will allow
ArcelorMittal's employee-drivers with commercial driver's licenses
(CDLs) who transport steel coils between their 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. The
other exemption will allow ArcelorMittal to use coil carriers that do
not meet the ``heavy hauler trailer'' definition, height of rear side
marker lights restrictions, tire loading restrictions, and the coil
securement requirements.

DATES: These exemptions are effective from September 23, 2016 through
September 23, 2021.

FOR FURTHER INFORMATION CONTACT: Mr. Tom Yager, Chief, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If
you have questions on viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, ``FMCSA-2016-0050'' in the ``Keyword'' box and click
``Search.'' Next, click ``Open Docket Folder'' button and choose the
document listed to review. If you do not have access to the Internet,
you may view the docket online by visiting the Docket Management
Facility in Room W12-140 on the ground floor of the DOT West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., e.t., Monday through Friday, except Federal holidays.

II. Legal Basis

    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 of the exemption (up to 5
years), and explain its terms and conditions. The exemption may be
renewed (49 CFR 381.300(b)).
    Section 5206(a)(3) of the ``Fixing America's Surface Transportation
Act,'' (FAST Act) [Pub. L. 114-94, 129 Stat. 1312, 1537, Dec. 4, 2015],
amended 49 U.S.C. 31315(b) by adding a new paragraph (2) which permits
exemptions for no longer than 5 years from their dates of inception,
instead of the previous 2 years. This statutory provision was codified
in 49 CFR 381.300, effective July 22, 2016 (81 FR 47714).

III. Request for Exemptions

    ArcelorMittal (USDOT 1098829) operates a steel plant in East
Chicago, Indiana, its principal place of business. Several public
roadways run through the plant area. Steel coils produced in one
portion of the plant must be transported over two short segments of
public highway to another section of the plant for further processing
or shipment to customers. 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. The crossing is controlled by a 4-way traffic signal. The
distance traveled is 80 feet. The average number of crossings at this
intersection is 24 per day. The second crossing is at Dickey Road and
129th Street. The distance traveled here is .2 miles. The trucks cross
129th Street 24 times per day.
    The trailers are specially designed with cradles to hold steel
coils in place. The trailers have a bed height and width of 68 and 114
inches, respectively, and a maximum height of 14 feet.
    Unloaded, these tractor-trailer combinations have a gross weight of
77,000 pounds. When fully loaded their gross weight is 263,171 pounds.
The trailers have off-road tires to distribute this weight and avoid
damaging roads, both inside and outside the plant. The tractors'
maximum speed is 30-35 mph, but only 15 mph when moving a fully loaded
trailer. These vehicles have many of the same features of a typical
tractor and trailer, but do not meet all of the parts and accessories
requirements in 49 CFR part 393.
    All employee-drivers are required to hold CDLs and adhere to the
regulations that apply to CMV drivers. When employee-drivers move these
vehicles, they are fully marked as an ``oversize load'' and have flags
on the front of the tractor. Driving these vehicles amounts to 10
percent of the employee-drivers' total work day. ArcelorMittal contends
that these employee-drivers do not work more than 16 hours per day and
advises that a 16-hour work day is the exception, not the rule.
    According to ArcelorMittal, the current hours-of-service (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 a possible shortage of coils for shipping
or processing. ArcelorMittal asserts that the limited number of
employees who drive the CMVs make it difficult to schedule moves.
ArcelorMittal anticipates that only 3 of the 24 crossings at each noted
intersection would occur after the 14th hour on-duty.
    ArcelorMittal requested a complete exemption from 49 CFR part 395
for its ``internal logistics'' drivers to enable them to follow the
same schedule as the employees in the production and shipping areas.
The applicant could then minimize the chances of possible shortages of
coils for shipping or processing. ArcelorMittal 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 work day.
    As previously noted, the vehicles used to transport steel coils
have many of the same features as a typical tractor and trailer, but do
not meet all of the requirements for parts and accessories in 49 CFR
part 393. ArcelorMittal therefore requested exemptions for its coil-
carrier trailers from the heavy hauler trailer definition in Sec.
393.5; the required height of rear side marker lights in Sec.  393.11
Table 1--Footnote 4; the tire loading restrictions in Sec.  393.75(f);
and the coil securement requirements in Sec.  393.120.
    According to ArcelorMittal, its equipment was designed for in-
facility use and very limited road use. Public roadways are crossed
only when necessary, and oversize-overweight permits are obtained from
local authorities when required. The applicant advises that it has
never had an issue with its equipment or drivers at the crossings
mentioned above. The coils are well-secured in the trailers due to the
design of the cradles. The time needed to secure the coils in
compliance with part 393 would be longer than the transit time from one
part of the plant to another.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    ArcelorMittal asserted that it has taken additional precautions to
use public roadways for the shortest possible distances and only at
controlled intersections. The applicant 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.
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.
    ArcelorMittal acknowledged in its application that these ``internal
logistics'' drivers would remain subject to all of the other applicable
Federal regulations. This includes qualification of drivers, controlled
substance and alcohol testing and inspection, and maintenance and
repair of vehicles.
    Included in ArcelorMittal's application are illustrations of the
plant's location, public roads crossed, and pictures of the tractors
and trailers used to transport the steel coils. A copy of
ArcelorMittal's application for the exemptions is available for review
in the docket for this notice.

V. Public Comments

    On March 22, 2016, FMCSA published notice of this application and
requested public comment (81 FR 15217). Four comments were submitted.
    Mr. Keith Case wrote, ``There are other options to handle this
situation that do not include having a special exemption for one
company. The company can hire additional drivers/workers to do this.''
Ms. Ingrid Harris commented, ``I do not think that it's ok to give any
company waivers to have drivers work longer hours. At the end of the
day the driver still has to drive home and is tired. This will just
cause more issues.'' Mr. Scott Olson stated, ``I do not support any
exemptions for anybody for any reason. If we make a rule, everybody
needs to abide by it. If we don't like the rule, get rid of it.''

    The Advocates for Highway and Auto Safety stated that
``ArcelorMittal's request for an exemption from the HOS regulations
should be denied as granting such an exemption would result in a
substantial reduction in the level of safety currently provided by the
regulations. In addition, there is practical and common sense
alternative readily available to the company other than the exemption.
Finally, while Advocates does not oppose ArcelorMittal's request for an
exemption for its vehicles from certain sections of 49 CFR part 393,
FMCSA must be explicit that such an exemption is strictly limited in
its scope to those vehicles and roadways described in the
application.''

VI. FMCSA Response and Decision

    Prior to publishing the Federal Register notice announcing the
receipt of ArcelorMittal's exemptions request, 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 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 FMCSA has evaluated ArcelorMittal's application for exemptions
and the public comments. The Agency believes that ArcelorMittal's
overall safety performance, as well as a number of other factors
discussed below, will enable it to achieve a level of safety that is
equivalent to, or greater than the level of safety achieved without the
exemptions (49 CFR 381.305(a)).
    These exemptions are being granted under extremely narrow
conditions. One exemption is restricted to ArcelorMittal's employee-
drivers to enable 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.
    Section 381.305(a) specifies that motor carriers ``. . . may apply
for an exemption if one or more Federal Motor Carrier Safety
Regulations prevents you from implementing more efficient or effective
operations that would maintain a level of safety equivalent to, or
greater than, the level achieved without the exemption.''
    The other exemption is restricted to ArcelorMittal's coil carriers
as described in its application. The exemption enables ArcelorMittal's
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 ArcelorMittal's drivers will be exposed to other traffic
for very brief periods. The CMVs cross Riley Road, where they travel 80
feet. The length of the crossing at Dickey Road and 129th Street is .2
mile. The CMVs cross both points 24 times per day.
Terms of the Exemptions

Period of the Exemption

    The exemptions from the requirements of 49 CFR part 395 and certain
sections in 49 CFR part 393 (Sec. Sec.  393.5; 393.11 Table 1--Footnote
4; 393.75(f); and 393.120) are granted for the period from September
23, 2016through September 23, 2021, for drivers employed by
ArcelorMittal and certain CMVs used by ArcelorMittal to transport
coils.

Extent of the Exemptions

    The exemption from the requirements of 49 CFR part 395 is
restricted to ArcelorMittal's internal logistics 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 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 ArcelorMittal's 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.
ArcelorMittal must maintain any oversize-overweight permits required by
local authorities.

Preemption

    In accordance with 49 U.S.C. 31315(d), during the period these
exemptions are 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 these exemptions.

Notification to FMCSA

    ArcelorMittal 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 these exemptions. The
notification must be by email to<EMAIL_ADDRESS>and include the
following information:
a. Exemption Identifier: ``ArcelorMittal''
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.

Termination

    The FMCSA does not believe the motor carrier, the drivers, and CMVs
covered by the exemptions 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
exemptions. The FMCSA will immediately revoke the exemptions for
failure to comply with its terms and conditions.

    Issued on: September 15, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-22963 Filed 9-22-16; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Proposed Rules]
[Pages 11833-11835]
[FR Doc No: 2023-03585]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0099; Airspace Docket No. 22-ANE-12]
RIN 2120-AA66

Establishment of Class E Airspace; Ellsworth, Augusta, and
Waterville, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace extending
upward from 700 feet above the surface for Maine Coast Memorial
Heliport, Ellsworth, Maine; Maine General Medical Center/Augusta
Heliport, Augusta, Maine; Maine General Medical Center-Waterville
Heliport, Waterville, Maine, as instrument approach procedures have
been designed for each heliport. Controlled airspace is necessary for
the safety and management of instrument flight rules (IFR) operations
in the area.

DATES: Comments must be received on or before April 10, 2023.

ADDRESSES: Send comments on this proposal to: the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; Telephone:
(800) 647-5527, or<PHONE_NUMBER>. You must identify Docket No. FAA-
2023-0099; Airspace Docket No. 22-ANE-12 at the beginning of your
comments. You may also submit comments through the internet at
www.regulations.gov.
    FAA Order JO 7400.11G Airspace Designations and Reporting Points
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, contact the Rules
and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish Class E airspace extending upward from 700 feet
above the surface for Maine Coast Memorial Heliport, Ellsworth, Maine,
and Maine General Medical Center/Augusta Heliport, Augusta, Maine, and
Maine General Medical Center-Waterville Heliport, Waterville, Maine, to
support IFR operations in the area. Controlled airspace is necessary
for the safety and management of instrument flight rules (IFR)
operations in the area.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide a factual basis supporting the views
and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (Docket No. FAA-
2023-0099; Airspace Docket No. 22-ANE-12) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
the address and phone number). You may also submit comments through the
internet at www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2023-0099; Airspace Docket No. 22-ANE-12.'' The postcard
will be dated/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this document may be changed in light of the
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except for federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except federal holidays at the office
of the Eastern Service Center, Federal Aviation Administration, Room
350, 1701 Columbia Avenue, College Park, GA 30337.

Incorporation by Reference

    Class E airspace designations are published in Paragraph 6005 of
FAA Order JO 7400.11, This document proposes to amend FAA Order JO
7400.11G, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document proposes to amend the current version of that order, FAA Order
JO 7400.11G, dated August 19, 2022, and effective September 15, 2022.
These updates would be published subsequently in the next update to FAA
Order JO 7400.11. FAA Order JO 7400.11G is publicly available as listed
in the ADDRESSES section of this document.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Proposal

    The FAA proposes an amendment to 14 CFR part 71 to establish Class
E airspace extending upward from 700 feet above the surface for Maine
Coast Memorial Heliport, Ellsworth, Maine; Maine General Medical
Center/Augusta Heliport, Augusta, Maine; and Maine General Medical
Center-Waterville Heliport, Waterville, Maine, as instrument approach
procedures have been designed for each heliport. Controlled airspace is
necessary for the safety and management of instrument flight rules
(IFR) operations in the area.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air

navigation, it is certified that this proposed rule, when promulgated,
will not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order JO 7400.11G, Airspace Designations and Reporting
Points, dated August 19, 2022, and effective September 15, 2022, is
amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANE ME E5 Ellsworth, ME [Established]

Maine Coast Memorial Heliport, ME
    (Lat. 44[deg]32'48'' N, long. 68[deg]25'03'' W)
Point in Space Coordinates
    (Lat. 44[deg]33'09'' N; long. 68[deg]25'17'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.0-mile radius of the point in space coordinates for Maine
Coast Memorial Heliport.

ANE ME E5 Augusta, ME [Established]

Maine General Medical Center/Augusta Heliport, ME
    (Lat. 44[deg]21'43'' N, long. 69[deg]46'47'' W)
Point in Space Coordinates
    (Lat. 44[deg]21'44'' N; long. 69[deg]47'35'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.0-mile radius of the point in space coordinates for Maine
General Medical Center/Augusta Heliport.

ANE ME E5 Waterville, ME [Established]

Maine General Medical Center-Waterville Heliport, ME
    (Lat. 44[deg]33'58'' N, long. 69[deg]38'52'' W)
Point in Space Coordinates
    (Lat. 44[deg]33'23'' N; long. 69[deg]38'30'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.0-mile radius of the point in space coordinates for Maine
General Medical Center-Waterville Heliport.

    Issued in College Park, Georgia, on February 15, 2023.
Lisa Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-03585 Filed 2-23-23; 8:45 am]
BILLING CODE 4910-13-P