Hours of Service of Drivers: National Tank Truck Carriers, Massachusetts Motor Transportation Association; Exemption Correction, 56138-56139 [2018-24551]

Download as PDF khammond on DSK30JT082PROD with NOTICES 56138 Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices 49 CFR 391.41(b)(10) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows applicants to operate CMVs in interstate commerce. FMCSA grants exemptions from the FMCSRs for a twoyear period to align with the maximum duration of a driver’s medical certification. The Agency’s decision regarding these exemption applications is based on medical reports about the applicants’ vision as well as their driving records and experience driving with the vision deficiency. The qualifications, experience, and medical condition of each applicant were stated and discussed in detail in the September 10, 2018, Federal Register notice (83 FR 45750) and will not be repeated in this notice. FMCSA recognizes that some drivers do not meet the vision requirement but have adapted their driving to accommodate their limitation and demonstrated their ability to drive safely. The 12 exemption applicants listed in this notice are in this category. They are unable to meet the vision requirement in one eye for various reasons, including amblyopia, enucleation, macular hole, macular scar, prosthesis, retinal detachment, and retinal scar. In most cases, their eye conditions were not recently developed. Six of the applicants were either born with their vision impairments or have had them since childhood. The six individuals that sustained their vision conditions as adults have had it for a range of 3 to 20 years. Although each applicant has one eye which does not meet the vision requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected vision in the other eye, and in a doctor’s opinion, has sufficient vision to perform all the tasks necessary to operate a CMV. Doctors’ opinions are supported by the applicants’ possession of a valid license to operate a CMV. By meeting State licensing requirements, the applicants demonstrated their ability to operate a CMV, with their limited vision in intrastate commerce, even though their vision disqualified them from driving in interstate commerce. We believe that the applicants’ intrastate driving experience and history provide an adequate basis for predicting their ability to drive safely in interstate commerce. Intrastate driving, like interstate operations, involves substantial driving on highways on the interstate system and on other roads built to interstate standards. Moreover, driving in congested urban areas exposes the driver to more pedestrian VerDate Sep<11>2014 17:36 Nov 08, 2018 Jkt 247001 and vehicular traffic than exists on interstate highways. Faster reaction to traffic and traffic signals is generally required because distances between them are more compact. These conditions tax visual capacity and driver response just as intensely as interstate driving conditions. The applicants in this notice have driven CMVs with their limited vision in careers ranging for 3 to 80 years. In the past three years, no drivers were involved in crashes, and no drivers were convicted of moving violations in CMVs. All the applicants achieved a record of safety while driving with their vision impairment, demonstrating the likelihood that they have adapted their driving skills to accommodate their condition. As the applicants’ ample driving histories with their vision deficiencies are good predictors of future performance, FMCSA concludes their ability to drive safely can be projected into the future. Consequently, FMCSA finds that in each case exempting these applicants from the vision requirement in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to that existing without the exemption. V. Conditions and Requirements The terms and conditions of the exemption are provided to the applicants in the exemption document and includes the following: (1) Each driver must be physically examined every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the standard in 49 CFR 391.41(b)(10) and (b) by a certified Medical Examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) each driver must provide a copy of the ophthalmologist’s or optometrist’s report to the Medical Examiner at the time of the annual medical examination; and (3) each driver must provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/ her driver’s qualification file if he/she is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. VI. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 VII. Conclusion Based upon its evaluation of the 12 exemption applications, FMCSA exempts the following drivers from the vision requirement, 49 CFR 391.41(b)(10), subject to the requirements cited above: John A. Edison (GA) Rodney P. Hains (ND) Darryl D. Kelley (TX) Thomas J. Knapp (WA) Darrell D. Kropf (CA) Nathanael Lee (MN) John G. Mudd (KY) Jeffrey Ridenhour (AR) John R. Russ II (NC) Gary A. Ulitsch (CT) Casey O. Wootan (MT) James C. Wright (MN) In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person 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 prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: November 1, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–24553 Filed 11–8–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0270] Hours of Service of Drivers: National Tank Truck Carriers, Massachusetts Motor Transportation Association; Exemption Correction Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Correction of exemption. AGENCY: FMCSA amends its April 9, 2018, Notice of Final Disposition granting a limited exemption to the National Tank Truck Carriers, Inc. (NTTC) and the Massachusetts Motor Transport Association, Inc. (MMTA) from the requirement that drivers of commercial motor vehicles (CMVs) obtain a 30-minute rest break. The Agency granted the limited exemption to drivers of CMVs transporting specified fuels, and failed to include propane gas as a specified fuel as SUMMARY: E:\FR\FM\09NON1.SGM 09NON1 Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices requested by the National Propane Gas Association (NPGA). This notice corrects that oversight. 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: Buz.Schultz@dot.gov. SUPPLEMENTARY INFORMATION: khammond on DSK30JT082PROD with NOTICES Request for Exemption NTTC and MMTA applied for an exemption from the 30-minute rest break provision of the hours of service (HOS) rules (49 CFR part 395) 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 circumstances beyond the control of the motor carrier and driver occasionally cause delays in the delivery schedule. If a driver cannot complete his or her duty day within the 12-hour period specified by the 100 air-mile radius exception, he or she must at the first opportunity take a 30-minute rest break. This is problematic, however, for tank truck drivers delivering hazardous materials (HM). 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 off duty as required by the rest-break rule. It is also difficult to find safe and secure parking for tank trucks on such short notice. On September 26, 2017, FMCSA published notice of the application for exemption and asked for public comment (82 FR 44871). The National Propane Gas Association (NPGA) submitted a request for the inclusion of transporters of propane gas if the exemption were granted. FMCSA determined that the level of safety achieved by drivers transporting petroleum and propane products 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. On April 9, 2018, the Agency granted a limited exemption (83 FR 15221). All drivers exercising the exemption must maintain an HOS log VerDate Sep<11>2014 17:36 Nov 08, 2018 Jkt 247001 and complete their duty day within 14 hours. FMCSA inadvertently failed to include the products transported by NPGA motor carriers and drivers: propane fuels U.N. 1075 and U.N. 1978. This notice corrects that oversight. The NTTC and MMTA have advised that they have no objection. FMCSA corrects this oversight by amending paragraph 3 of the Terms and Conditions published on April 9, 2018. The amendment adds the propane fuels U.N. 1075 and U.N. 1978 to the products listed in that paragraph. Qualifying drivers transporting these products are entitled to the exemption from the 30-minute rest break. The expiration date of this exemption remains unchanged: April 10, 2023. The complete Terms and Conditions, as amended today, are as follows: Terms and Conditions of the Exemption 1. This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is effective April 9, 2018 and expires on 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, N.A. 1993—Diesel Fuel or Fuel Oil, U.N. 1075 and U.N. 1978—propane fuels. 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 Motor carriers employing this exemption must notify FMCSA by email PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 56139 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, 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 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 a firm or person operating under the exemption. States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce Issued on: November 1, 2018. Raymond P. Martinez, Administrator. [FR Doc. 2018–24551 Filed 11–8–18; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\09NON1.SGM 09NON1

Agencies

[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Pages 56138-56139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24551]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0270]


Hours of Service of Drivers: National Tank Truck Carriers, 
Massachusetts Motor Transportation Association; Exemption Correction

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

ACTION: Correction of exemption.

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SUMMARY: FMCSA amends its April 9, 2018, Notice of Final Disposition 
granting a limited exemption to the National Tank Truck Carriers, Inc. 
(NTTC) and the Massachusetts Motor Transport Association, Inc. (MMTA) 
from the requirement that drivers of commercial motor vehicles (CMVs) 
obtain a 30-minute rest break. The Agency granted the limited exemption 
to drivers of CMVs transporting specified fuels, and failed to include 
propane gas as a specified fuel as

[[Page 56139]]

requested by the National Propane Gas Association (NPGA). This notice 
corrects that oversight.

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: 

Request for Exemption

    NTTC and MMTA applied for an exemption from the 30-minute rest 
break provision of the hours of service (HOS) rules (49 CFR part 395) 
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 circumstances beyond the control of the motor 
carrier and driver occasionally cause delays in the delivery schedule. 
If a driver cannot complete his or her duty day within the 12-hour 
period specified by the 100 air-mile radius exception, he or she must 
at the first opportunity take a 30-minute rest break. This is 
problematic, however, for tank truck drivers delivering hazardous 
materials (HM). 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 off duty as required by the rest-break rule. It is also difficult 
to find safe and secure parking for tank trucks on such short notice.
    On September 26, 2017, FMCSA published notice of the application 
for exemption and asked for public comment (82 FR 44871). The National 
Propane Gas Association (NPGA) submitted a request for the inclusion of 
transporters of propane gas if the exemption were granted. FMCSA 
determined that the level of safety achieved by drivers transporting 
petroleum and propane products 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. 
On April 9, 2018, the Agency granted a limited exemption (83 FR 15221). 
All drivers exercising the exemption must maintain an HOS log and 
complete their duty day within 14 hours. FMCSA inadvertently failed to 
include the products transported by NPGA motor carriers and drivers: 
propane fuels U.N. 1075 and U.N. 1978. This notice corrects that 
oversight. The NTTC and MMTA have advised that they have no objection.
    FMCSA corrects this oversight by amending paragraph 3 of the Terms 
and Conditions published on April 9, 2018. The amendment adds the 
propane fuels U.N. 1075 and U.N. 1978 to the products listed in that 
paragraph. Qualifying drivers transporting these products are entitled 
to the exemption from the 30-minute rest break. The expiration date of 
this exemption remains unchanged: April 10, 2023. The complete Terms 
and Conditions, as amended today, are as follows:

Terms and Conditions of the Exemption

    1. This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) 
is effective April 9, 2018 and expires on 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, N.A. 1993--Diesel Fuel 
or Fuel Oil, U.N. 1075 and U.N. 1978--propane fuels.
    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

    Motor carriers employing this exemption 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

    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 a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce

    Issued on: November 1, 2018.
Raymond P. Martinez,
 Administrator.
[FR Doc. 2018-24551 Filed 11-8-18; 8:45 am]
 BILLING CODE 4910-EX-P