Hours of Service of Drivers: National Tank Truck Carriers and Massachusetts Motor Transportation Association; Application for Exemption, 15221-15222 [2018-07189]
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Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0270]
Hours of Service of Drivers: National
Tank Truck Carriers and
Massachusetts Motor Transportation
Association; Application for
Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
FMCSA announces its
decision to grant the application of the
National Tank Truck Carriers, Inc.
(NTTC) and the Massachusetts Motor
Transport Association, Inc. (MMTA) for
an exemption from the requirement that
drivers of commercial motor vehicles
(CMVs) obtain a 30-minute rest break.
The exemption is limited to CMV
drivers engaged in the transportation of
specified types of petroleum-based fuels
who would otherwise have to observe
the rest break when their duty day
unexpectedly exceeds 12 hours. FMCSA
has analyzed the exemption application
and public comments and has
determined that the exemption, subject
to the terms and conditions imposed,
will achieve a level of safety that is
equivalent to, or greater than, the level
that would be achieved absent such
exemption.
SUMMARY:
The exemption is effective April
9, 2018 and expires on April 10, 2023.
FOR FURTHER INFORMATION CONTACT: For
information concerning this notice,
please contact Mr. Buz Schultz, FMCSA
Driver and Carrier Operations Division;
Telephone: (202) 366–2718; Email:
Buz.Schultz@dot.gov.
SUPPLEMENTARY INFORMATION:
DATES:
sradovich on DSK3GMQ082PROD with NOTICES
Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain 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,
VerDate Sep<11>2014
18:06 Apr 06, 2018
Jkt 244001
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)).
Background
The Agency’s hours of service (HOS)
rules require most interstate drivers to
maintain a record of duty status (RODS),
or log, on board the CMV in accordance
with 49 CFR part 395. However, the
‘‘100 air-mile radius exception’’ relieves
CMV drivers of the duty to maintain a
log if they remain within a 100 air-mile
radius of the normal work reporting
location during the duty day and return
to the work-reporting location and are
released from work within 12 hours (49
CFR 395.1(e)(1)). Further, drivers
qualifying for the 100 air-mile exception
are not subject to the 30-minute rest
break requirement of HOS regulations
(49 CFR 395.3(a)(3)(ii)).
Request for Exemption
NTTC and MMTA applied for an
exemption from the 30-minute rest
break provision on behalf of motor
carriers and drivers operating tank
trucks to transport certain petroleumbased products in interstate commerce.
The tank trucks are normally loaded
with products in the morning, and
deliver the products to three or more
service stations during the remainder of
the duty day. Most of the estimated
38,000 vehicles engaged in such
transportation each day qualify for the
100 air-mile radius exception, but on
rare occasions, they do not.
Circumstances beyond the control of the
motor carrier and driver periodically
cause delays in the delivery schedule.
The applicants outlined the concerns
they have with interrupting delivery of
hazardous materials (HM) in order for
the driver to take the required 30minute rest break. For instance, as a
security measure, a motor carrier may
require that a tank truck transporting
certain fuels be attended by the driver
when the vehicle is stopped, and a
driver attending a CMV is not
considered off duty as required by the
rest-break rule. Attendance is not
required by regulation except for
transporters of certain explosives [49
CFR 395.1(q)].
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
15221
Public Comments
On September 26, 2017, FMCSA
published notice of the application for
exemption and asked for public
comment (82 FR 44871). The Agency
received nine comments from the
public, four in favor of the application
and five in opposition. The American
Trucking Associations was in favor,
citing the similarity of these operations
to other HM transporters that previously
were granted a more-limited exemption
from the rest-break requirement. The
Transportation Trades Department
(AFL–CIO) and the International
Association of Firefighters opposed the
NTTC application. They believe that
allowing these drivers to operate CMVs
without a rest break imposes
unnecessary risks upon the motoring
public. They believe that the risks
outweigh the difficulties inherent in
tank truck drivers going off duty for 30
consecutive minutes.
FMCSA Decision
FMCSA has evaluated the application
for an exemption and the public
comments submitted. Few comments
opposed the application and none
directly addressed the regulatory
difficulties confronted by tank-truck
carriers and drivers transporting these
petroleum-based fuels. The Agency
finds the arguments in favor of the
exemption persuasive and grants a
limited exemption that the Agency can
review at any time the safety
performance of these operations
requires. We have tailored the terms and
conditions of the exemption carefully to
relieve the regulatory difficulties
without opening the door to abuse of the
HOS rules.
FMCSA grants this exemption
because it finds that the level of safety
achieved by this industry operating
under the terms and conditions of the
exemption, would be equal to, or greater
than, the level of safety that would be
achieved if the drivers were required to
take the rest break. These drivers receive
several short ‘‘breaks’’ each day when
they unload product at service stations.
While the exemption will allow these
drivers to operate beyond the 12th hour,
they will still have to complete their
duty day before the 14-hour limit by
which most CMV drivers are governed.
In addition, these drivers will be
required to maintain an HOS log in
accordance with 49 CFR part 395, as
required of all CMV drivers who find
during a duty day that they are not
qualified for the 100 air-mile radius
exception.
E:\FR\FM\09APN1.SGM
09APN1
15222
Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices
Terms and Conditions of the Exemption
1. This exemption from the
requirements of 49 CFR 395.3(a)(3)(ii) is
granted for the period from April 9,
2018 through April 10, 2023.
2. This exemption applies when a
driver who normally operates under the
49 CFR 395.1(e)(1) short-haul exception
finds that operational issues require him
or her to exceed the 12-hour limit of that
exception. Drivers operating under this
exemption must, however, return to
their work reporting location and be
released from duty within 14 hours of
having come on duty following 10 or
more consecutive hours off duty.
3. This exemption is limited to motor
carriers and drivers engaged in the
transportation of the following
petroleum products: U.N. 1170—
Ethanol, U.N. 1202—Diesel Fuel, U.N.
1203—Gasoline, U.N. 1863—Fuel,
aviation, turbine engine, U.N. 1993—
Flammable liquids, n.o.s. (gasoline),
U.N. 3475—Ethanol and gasoline
mixture, Ethanol and motor spirit
mixture, or Ethanol and petrol mixture,
and N.A. 1993—Diesel Fuel or Fuel Oil.
4. This exemption is further limited to
motor carriers that have an FMCSA
‘‘satisfactory’’ safety rating or are
‘‘unrated’’; motor carriers with
‘‘conditional’’ or ‘‘unsatisfactory’’ safety
ratings are prohibited from utilizing this
exemption.
5. Drivers must have a copy of this
exemption document in their possession
while operating under the terms of the
exemption and must present it to law
enforcement officials upon request.
sradovich on DSK3GMQ082PROD with NOTICES
Accident Reporting
Exempt motor carriers must notify
FMCSA by email addressed to MCPSD@
DOT.GOV within 5 business days of any
accident (as defined in 49 CFR 390.5T)
that occurs while its driver is operating
under the terms of this exemption. The
notification must include:
a. Identifier of the Exemption:
‘‘NTTC,’’
b. Name of operating carrier and
USDOT number,
c. Date of the accident,
d. City or town, and State, in which
the accident occurred, or closest to the
accident scene,
e. Driver’s name and license number,
f. Name of co-driver, if any, and
license number,
g. Vehicle number and state license
number,
h. Number of individuals suffering
physical injury,
i. Number of fatalities,
j. The police-reported cause of the
accident,
VerDate Sep<11>2014
18:06 Apr 06, 2018
Jkt 244001
k. Whether the driver was cited for
violation of any traffic laws or motor
carrier safety regulations, and
l. The total driving time and total onduty time prior to the accident.
Safety Oversight
FMCSA expects the motor carriers
and drivers operating under the terms
and conditions of this exemption to
maintain their safety record. However,
should safety deteriorate, FMCSA will,
consistent with the statutory
requirements of 49 U.S.C. 31315, take
all steps necessary to protect the public
interest. Authorization of the exemption
is discretionary, and FMCSA will
immediately revoke the exemption of
any motor carrier or driver for failure to
comply with the terms and conditions
of the exemption.
Preemption
Consistent with 49 U.S.C. 31315(d),
this exemption preempts inconsistent
State or local requirements applicable to
interstate commerce.
Issued on: March 30, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018–07189 Filed 4–6–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0004]
Agency Information Collection
Activities; Renewal of a CurrentlyApproved Information Collection
Request: Application for Certificate of
Registration for Foreign Motor Carriers
and Foreign Motor Private Carriers
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
information.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for its
renewal. The FMCSA requests to renew
the ICR titled, ‘‘Application for
Certificate of Registration for Foreign
Motor Carriers and Foreign Motor
Private Carriers,’’ that requires foreign
(Mexico-based) for-hire and private
motor carriers to file an application
Form OP–2 if they wish to register to
transport property only within
municipalities in the United States on
the U.S.-Mexico international borders or
SUMMARY:
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
within the commercial zones of such
municipalities. FMCSA invites public
comment on the ICR.
DATES: We must receive your comments
on or before June 8, 2018.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2018–0004 using any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140, 20590–
0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m. e.t., Monday through Friday,
except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number. For detailed instructions on
submitting comments and additional
information on the exemption process,
see the Public Participation heading
below. Note that all comments received
will be posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement for the Federal Docket
Management System published in the
Federal Register on January 17, 2008
(73 FR 3316), or you may visit https://
edocket.access.gpo.gov/2008/pdfE8794.pdf.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal website. If you want
us to notify you that we received your
comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
E:\FR\FM\09APN1.SGM
09APN1
]]>Agencies
[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15221-15222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07189]
[[Page 15221]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0270]
Hours of Service of Drivers: National Tank Truck Carriers and
Massachusetts Motor Transportation Association; Application for
Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant the application of the
National Tank Truck Carriers, Inc. (NTTC) and the Massachusetts Motor
Transport Association, Inc. (MMTA) for an exemption from the
requirement that drivers of commercial motor vehicles (CMVs) obtain a
30-minute rest break. The exemption is limited to CMV drivers engaged
in the transportation of specified types of petroleum-based fuels who
would otherwise have to observe the rest break when their duty day
unexpectedly exceeds 12 hours. FMCSA has analyzed the exemption
application and public comments and has determined that the exemption,
subject to the terms and conditions imposed, will achieve a level of
safety that is equivalent to, or greater than, the level that would be
achieved absent such exemption.
DATES: The exemption is effective April 9, 2018 and expires on April
10, 2023.
FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, please contact Mr. Buz Schultz, FMCSA Driver and Carrier
Operations Division; Telephone: (202) 366-2718; Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain 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)).
Background
The Agency's hours of service (HOS) rules require most interstate
drivers to maintain a record of duty status (RODS), or log, on board
the CMV in accordance with 49 CFR part 395. However, the ``100 air-mile
radius exception'' relieves CMV drivers of the duty to maintain a log
if they remain within a 100 air-mile radius of the normal work
reporting location during the duty day and return to the work-reporting
location and are released from work within 12 hours (49 CFR
395.1(e)(1)). Further, drivers qualifying for the 100 air-mile
exception are not subject to the 30-minute rest break requirement of
HOS regulations (49 CFR 395.3(a)(3)(ii)).
Request for Exemption
NTTC and MMTA applied for an exemption from the 30-minute rest
break provision on behalf of motor carriers and drivers operating tank
trucks to transport certain petroleum-based products in interstate
commerce. The tank trucks are normally loaded with products in the
morning, and deliver the products to three or more service stations
during the remainder of the duty day. Most of the estimated 38,000
vehicles engaged in such transportation each day qualify for the 100
air-mile radius exception, but on rare occasions, they do not.
Circumstances beyond the control of the motor carrier and driver
periodically cause delays in the delivery schedule. The applicants
outlined the concerns they have with interrupting delivery of hazardous
materials (HM) in order for the driver to take the required 30-minute
rest break. For instance, as a security measure, a motor carrier may
require that a tank truck transporting certain fuels be attended by the
driver when the vehicle is stopped, and a driver attending a CMV is not
considered off duty as required by the rest-break rule. Attendance is
not required by regulation except for transporters of certain
explosives [49 CFR 395.1(q)].
Public Comments
On September 26, 2017, FMCSA published notice of the application
for exemption and asked for public comment (82 FR 44871). The Agency
received nine comments from the public, four in favor of the
application and five in opposition. The American Trucking Associations
was in favor, citing the similarity of these operations to other HM
transporters that previously were granted a more-limited exemption from
the rest-break requirement. The Transportation Trades Department (AFL-
CIO) and the International Association of Firefighters opposed the NTTC
application. They believe that allowing these drivers to operate CMVs
without a rest break imposes unnecessary risks upon the motoring
public. They believe that the risks outweigh the difficulties inherent
in tank truck drivers going off duty for 30 consecutive minutes.
FMCSA Decision
FMCSA has evaluated the application for an exemption and the public
comments submitted. Few comments opposed the application and none
directly addressed the regulatory difficulties confronted by tank-truck
carriers and drivers transporting these petroleum-based fuels. The
Agency finds the arguments in favor of the exemption persuasive and
grants a limited exemption that the Agency can review at any time the
safety performance of these operations requires. We have tailored the
terms and conditions of the exemption carefully to relieve the
regulatory difficulties without opening the door to abuse of the HOS
rules.
FMCSA grants this exemption because it finds that the level of
safety achieved by this industry operating under the terms and
conditions of the exemption, would be equal to, or greater than, the
level of safety that would be achieved if the drivers were required to
take the rest break. These drivers receive several short ``breaks''
each day when they unload product at service stations. While the
exemption will allow these drivers to operate beyond the 12th hour,
they will still have to complete their duty day before the 14-hour
limit by which most CMV drivers are governed. In addition, these
drivers will be required to maintain an HOS log in accordance with 49
CFR part 395, as required of all CMV drivers who find during a duty day
that they are not qualified for the 100 air-mile radius exception.
[[Page 15222]]
Terms and Conditions of the Exemption
1. This exemption from the requirements of 49 CFR 395.3(a)(3)(ii)
is granted for the period from April 9, 2018 through April 10, 2023.
2. This exemption applies when a driver who normally operates under
the 49 CFR 395.1(e)(1) short-haul exception finds that operational
issues require him or her to exceed the 12-hour limit of that
exception. Drivers operating under this exemption must, however, return
to their work reporting location and be released from duty within 14
hours of having come on duty following 10 or more consecutive hours off
duty.
3. This exemption is limited to motor carriers and drivers engaged
in the transportation of the following petroleum products: U.N. 1170--
Ethanol, U.N. 1202--Diesel Fuel, U.N. 1203--Gasoline, U.N. 1863--Fuel,
aviation, turbine engine, U.N. 1993--Flammable liquids, n.o.s.
(gasoline), U.N. 3475--Ethanol and gasoline mixture, Ethanol and motor
spirit mixture, or Ethanol and petrol mixture, and N.A. 1993--Diesel
Fuel or Fuel Oil.
4. This exemption is further limited to motor carriers that have an
FMCSA ``satisfactory'' safety rating or are ``unrated''; motor carriers
with ``conditional'' or ``unsatisfactory'' safety ratings are
prohibited from utilizing this exemption.
5. Drivers must have a copy of this exemption document in their
possession while operating under the terms of the exemption and must
present it to law enforcement officials upon request.
Accident Reporting
Exempt motor carriers must notify FMCSA by email addressed to
[email protected] within 5 business days of any accident (as defined in 49
CFR 390.5T) that occurs while its driver is operating under the terms
of this exemption. The notification must include:
a. Identifier of the Exemption: ``NTTC,''
b. Name of operating carrier and USDOT number,
c. Date of the accident,
d. City or town, and State, in which the accident occurred, or
closest to the accident scene,
e. Driver's name and license number,
f. Name of co-driver, if any, and license number,
g. Vehicle number and state license number,
h. Number of individuals suffering physical injury,
i. Number of fatalities,
j. The police-reported cause of the accident,
k. Whether the driver was cited for violation of any traffic laws
or motor carrier safety regulations, and
l. The total driving time and total on-duty time prior to the
accident.
Safety Oversight
FMCSA expects the motor carriers and drivers operating under the
terms and conditions of this exemption to maintain their safety record.
However, should safety deteriorate, FMCSA will, consistent with the
statutory requirements of 49 U.S.C. 31315, take all steps necessary to
protect the public interest. Authorization of the exemption is
discretionary, and FMCSA will immediately revoke the exemption of any
motor carrier or driver for failure to comply with the terms and
conditions of the exemption.
Preemption
Consistent with 49 U.S.C. 31315(d), this exemption preempts
inconsistent State or local requirements applicable to interstate
commerce.
Issued on: March 30, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-07189 Filed 4-6-18; 8:45 am]
BILLING CODE 4910-EX-P
