DATES: This Final Rule is Effective July 22, 2016. Petitions for Reconsideration must be received by August 22, 2016.
EXCERPTS: V. Section-by-Section Analysis
Part 365–In §365.101, paragraph (j) is added to exempt pipeline welding trucks from the rules of part 365.
Part 381–In §381.300, paragraph (b) is revised, changing the timeframe from 2 years to 5 years. Section 381.317 is added to allow an application for exemption to be resubmitted if it has been denied.
Part 383–In §383.3, a new paragraph (i) is added to provide that a State may waive the requirement that a driver obtain a hazardous materials endorsement to transport diesel fuel under certain circumstances.
Part 390–FMCSA adds new §390.38 to exempt pipeline welding trucks from certain requirements of the FMCSRs. Paragraph (a) describes those parts of the FMCSRs from which the pipeline welding truck is exempt. Paragraph (b) provides a definition of ‘‘pipeline welding truck.’’ In §390.39, paragraph (b)(1) is revised to reflect changes in the statutes concerning exemptions found in State laws for covered farm vehicles.
Part 391–In §391.2, paragraph (e) is added to exempt drivers of pipeline welding trucks from the rules of part 391.
Part 392–In §392.1, the existing text is designated as paragraph (a), and a paragraph (b) is added to exempt drivers of pipeline welding trucks from the rules of part 392.
Part 393–In §393.1, paragraph (e) is added to exempt pipeline welding trucks from the rules of part 393.
Part 395–FMCSA makes a number of changes to §395.1 to exempt certain operations from aspects of the hours of service rules.
- Paragraph (e)(1) is changed to provide that drivers of ready-mixed concrete delivery vehicles who are on duty for 14 consecutive hours may be exempt from the requirements of §395.8.
- Section 395.1(t) is added to allow the driver of a ready-mixed concrete delivery vehicle to use 30-minutes or more of time spent waiting with the vehicle to meet the requirement for the 30-minute rest break in §395.3(a)(3)(ii).
- Paragraphs (u) and (v) are added to exempt drivers engaged in the interstate transportation of bees or livestock, respectively, from the requirement for a 30-minute rest break.
- FMCSA adds paragraph (w) to provide that on-duty time for the driver of a hi-rail vehicle does not include time in transportation to or from a duty assignment under certain circumstances.
- Paragraph (x) exempts drivers of pipeline welding trucks from the rules of part 395.
- The definitions in §395.2 are changed to conform to the changes in the statutes. FMCSA adds definitions of ‘‘hi- rail vehicle,’’ ‘‘livestock,’’ and ‘‘ready- mixed concrete delivery vehicle.’’ FMCSA changes the definition of ‘‘transportation of construction material and equipment’’ to increase the air mile radius to the normal work reporting location. The definition is also changed to allow the States to establish a different air mile radius limitation upon notice to the Administrator.
- Section 395.8(a) is changed to allow a motor carrier to require the driver transporting a motor home or recreation vehicle trailer, in a driveaway-towaway operation, to record his or her records of duty status manually.
Part 396–In §396.1, paragraph (d) is added to exempt pipeline welding trucks from the rules of part 396.
