28860 Federal Register / Vol. 87, No. 91 / Wednesday, May 11, 2022 / Notices 

Route Order Desginator ‘‘C’’ is added. 

Route Order Key 

Each listing in the NHMRR includes 

codes to identify each route designation 

and each route restriction reported by 

the State. Designation codes identify the 

routes along which a driver may or must 

transport specified HM. Among the 

designation codes is one for preferred 

routes, which apply to the 

transportation of a HRCQ/RAM. 

Restriction codes identify the routes 

along which a driver may not transport 

specified HM shipments. Table 1 

presents information on each restriction 

and designation code. 

TABLE 1—RESTRICTION/DESIGNATION KEY

Restrictions Designations 

0—ALL Hazardous Materials .......................................................................................................... A—ALL NRHM Hazardous Materials. 

1—Class 1—Explosives .................................................................................................................. B—Class 1—Explosives. 

2—Class 2—Gas ............................................................................................................................. I—Poisonous Inhalation Hazard (PIH). 

3—Class 3—Flammable .................................................................................................................. P—*Preferred Route* Class 7—Radioactive. 

4—Class 4—Flammable Solid/Combustible. 

5—Class 5—Organic. 

6—Class 6—Poison. 

7—Class 7—Radioactive. 

8—Class 8—Corrosives. 

9—Class 9—Dangerous (Other). 

i—Poisonous Inhalation Hazard (PIH). 

Revisions to the National Hazardous 

Materials Route Registry (March 31, 

2021) 

TABLE 2—CALIFORNIA—DESIGNATED NRHM ROUTES

Designation 

date Route order Route description City County Designation(s) (A, B, I, P) FMCSA QA comment 

10/28/92 .......... A13P–2.0–O2 State 29 from State 20 [ Upper Lake] 

to State 53 [Clearlake].

.................. Lake ......... B Changed to Clearlake on 

08/17/2021. 

12/16/21 .......... A17P–2.0–C .. Remove a section of SR–1 add Willow Rd A17P–2.0–B Is from Monterey to Pismo Beach................... .................. B 

TABLE 3—CALIFORNIA—DESIGNATED HRCQ/RAM ROUTES

Designation 

date Route order Route description City County Designation(s) (A, B, I, P) FMCSA QA comment 

08/25/21 .......... B6A–2.0B ....... SR 210 From SR 57 to I–15 .............. .................. .................. P 

TABLE 4—WASHINGTON—RESTRICTED ROUTES

Designation 

date Route order Route description City County Designation(s) (A, B, I, P) FMCSA QA comment 

08/17/21 .......... C .................... SR 99 Tunnel for 2.49 miles .............. .................. .................. A 

End of Revisions to the National 

Hazardous Materials Route Registry. 

Robin Hutcheson, 

Acting Administrator. 

[FR Doc. 2022–10038 Filed 5–10–22; 8:45 am] 

BILLING CODE 4910–EX–P 

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. 

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 


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Federal Register / Vol. 87, No. 91 / Wednesday, May 11, 2022 / Notices 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. 

Jose ́ 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 

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. 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 


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28862 Federal Register / Vol. 87, No. 91 / Wednesday, May 11, 2022 / Notices 

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 

MCPSD@DOT.GOV and include the 

following information: 

a. Exemption Identifier: ‘‘ClevelandCliffs 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 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2002–14084] 

Petition for Extension of Waiver of 

Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that by letter received on April 1, 2022, 

the San Luis Central Railroad (SLC) 

petitioned the Federal Railroad 

Administration (FRA) for an extension 

of a waiver of compliance from certain 

provisions of the Federal railroad safety 

regulations contained at 49 CFR 223.11, 

Requirements for existing locomotives. 

The relevant FRA Docket Number is 

FRA–2002–14084. 

Specifically, SLC requests relief from 

49 CFR 223.11 for two locomotives, SLC 

70 and SLC 71, for operations not 

exceeding 10 miles per hour over 13 

miles of branch line track in Colorado. 

In support of its petition, SLC states that 

there have been no accidents, incidents, 

or injuries to employees involving 

window glazing on the locomotives 

since the waiver was granted. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Communications received by June 27, 

2022 will be considered by FRA before 

final action is taken. Comments received 

after that date will be considered if 

practicable. 

Anyone can search the electronic 

form of any written communications 

and comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

document, if submitted on behalf of an 

association, business, labor union, etc.). 

Under 5 U.S.C. 553(c), the U.S. 

Department of Transportation (DOT) 

solicits comments from the public to 


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