Hours of Service of Drivers: National Propane Gas Association; Application for Exemption, 24259-24261 [2023-08192]
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Federal Register / Vol. 88, No. 75 / Wednesday, April 19, 2023 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2023–0289]
Agency Information Collection
Activities: Requests for Comments;
Clearance of a Renewed Approval of
Information Collection: Alternative
Pilot Physical Examination and
Education Requirements (BasicMed)
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request Office of
Management and Budget (OMB)
approval to renew an information
collection. The Federal Register Notice
with a 60-day comment period soliciting
comments on the following collection of
information was published on February
7, 2023. The Federal Aviation
Administration Extension, Safety, and
Security Act of 2016 (FESSA) was
enacted on July 15, 2016.
DATES: Written comments should be
submitted by May 19, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Brad
Zeigler by email at: bradley.c.zeigler@
faa.gov; phone: 202–267–9601.
SUPPLEMENTARY INFORMATION:
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility and clarity
of the information collection; and (d)
ways that the burden could be
minimized without reducing the quality
of the collected information.
OMB Control Number: 2120–0770.
Title: Alternative Pilot Physical
Examination and Education
Requirements (BasicMed).
Form Numbers: FAA forms 8700–2
and 8700–3.
Type of Review: Renewal.
Background: Section 2307 of FESSA,
Medical Certification of Certain Small
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SUMMARY:
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Aircraft Pilots, directed the FAA to
‘‘issue or revise regulations to ensure
that an individual may operate as pilot
in command of a covered aircraft’’
without having to undergo the medical
certification process prescribed by FAA
regulations if the pilot and aircraft meet
certain prescribed conditions as
outlined in FESSA. This collection
enables those eligible airmen to
establish their eligibility with the FAA.
The Federal Register Notice with a
60-day comment period soliciting
comments on the following collection of
information was published on February
7, 2023 (88 FR 8029). The FAA will use
this information to determine that
individual pilots have met the
requirements of section 2307 of Public
Law 114–190. It is important for the
FAA to know this information as the
vast majority of pilots conducting
operations described in section 2307 of
Public Law 114–190 must either hold a
valid medical certificate or be
conducting operations using the
requirements of section 2307 as an
alternative to holding a medical
certificate. The FAA published a final
rule, Alternative Pilot Physical
Examination and Education
Requirements, to implement the
provisions of section 2307, on January
11, 2017.
Respondents: Approximately 50,000
individuals.
Frequency: Course: Once every two
years; medical exam: once every four
years.
Estimated Average Burden per
Response: 21 minutes.
Estimated Total Annual Burden:
17,500 hours.
Issued in Washington, DC, on April 11,
2023.
D.C. Morris,
Senior Analyst, Airmen and Airspace Rules
Division, Office of Rulemaking.
[FR Doc. 2023–07852 Filed 4–18–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0175]
Hours of Service of Drivers: National
Propane Gas Association; Application
for Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition;
denial of application for exemption.
AGENCY:
FMCSA announces its
decision to deny the exemption request
SUMMARY:
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24259
from the National Propane Gas
Association (NPGA). NPGA sought an
exemption from various hours-of-service
(HOS) requirements to enable the
propane industry to prepare and
respond to peak periods of consumer
demand among residential, agricultural,
and commercial consumers in
anticipation of, during, and to recover
from emergency conditions. NPGA
requests that the exemption apply on a
per-driver, per-route basis, and that each
company that elects to utilize it must
maintain appropriate documentation to
demonstrate the presence of peak
consumer demand conditions within
the scope of the exemption. FMCSA
analyzed the exemption application and
public comments and determined that
the exemption would not achieve a level
of safety that is equivalent to, or greater
than, the level that would be achieved
absent such exemption.
FOR FURTHER INFORMATION CONTACT: Mr.
Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards at (202) 366–2722 or
richard.clemente@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to
www.regulations.gov, insert the docket
number ‘‘FMCSA–2022–0175’’ in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
click ‘‘Browse Comments.’’
To view documents mentioned in this
notice as being available in the docket,
go to www.regulations.gov, insert the
docket number ‘‘FMCSA–2022–0175’’ in
the keyword box, click ‘‘Search,’’ and
chose the document to review.
If you do not have access to the
internet, you may view the docket
online by visiting Dockets Operations 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., 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 Dockets
Operations.
II. 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
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Federal Register / Vol. 88, No. 75 / Wednesday, April 19, 2023 / Notices
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)).
III. Background
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Current Regulation Requirements
FMCSA’s hours of service (HOS)
regulations in 49 CFR part 395 place
limits on the amount of time drivers of
commercial motor vehicles (CMVs) may
drive to reduce the possibility of driver
fatigue. The regulations in 49 CFR
395.3(a)(2)—commonly referred to as
the 14-hour ‘‘driving window’’—allow
an individual a period of 14 consecutive
hours in which to drive up to 11 hours
after being off duty for 10 or more
consecutive hours. The regulations in 49
CFR 395.3(a)(3) prohibit individuals
from driving again after 11 hours
driving until they have been off duty for
a minimum of 10 consecutive hours.
The regulation in 49 CFR 395.3(b)(1)
prohibits a motor carrier that does not
operate vehicles every day of the week
from requiring or permitting a driver to
drive, nor may the driver drive, a CMV
after being on duty 60 hours during any
7 consecutive days, and 49 CFR
395.3(b)(2) prohibits a motor carrier that
operates CMVs every day of the week
from requiring or permitting a driver to
drive, nor may the driver drive, a CMV
after being on duty 70 hours in any 8
consecutive days. These are generally
called the 60- and 70-hour ‘‘weekly’’
limits.
Applicant’s Request
The National Propane Gas Association
(NPGA) requests a five-year exemption
for its member company drivers to
extend the 14-hour duty period in
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§ 395.3(a)(2) to no more than 17 hours;
extend the 11-hour driving period in
§ 395.3(a)(3) to no more than 14 hours,
following 10 consecutive hours off duty;
waive the 60- and 70-hour rules in
§ 395.3(b) for a period of no more than
six consecutive days; and a period of six
consecutive days may end with the
beginning of an off-duty period of 34 or
more consecutive hours. The exemption
request is made in order to enable the
propane industry to prepare and
respond to peak periods of consumer
demand among residential, agricultural,
and commercial consumers.
NPGA is the national trade
association of the propane industry with
a membership of nearly 2,500
companies and 36 State and regional
associations representing members in all
50 States. Its membership includes retail
marketers of propane gas who deliver
fuel to the end user, propane producers,
transporters and wholesalers, and
manufacturers and distributors of
equipment, containers, and appliances.
NPGA’s petition states that, in order to
meet consumer demand, long- and
short-haul propane drivers often reach
the maximum ‘‘weekly’’ HOS limits
within three or four days, making them
unavailable for the rest of the ‘‘week’’
while consumer demand continues.
According to NPGA, the purpose of its
request is to prepare and serve
residential, commercial, and
agricultural consumers ahead of and
during peak consumption periods
efficiently and safely. To clearly define
the scope in its application, NPGA
provided a brief outline of the terms and
conditions that would apply to those
individuals providing propane services
for periods of peak consumer demand.
IV. Method To Ensure an Equivalent or
Greater Level of Safety
To ensure an equivalent or greater
level of safety, the NPGA application
states that before operating under the
special exemption, drivers must
complete the Fatigue and Wellness
Awareness course available online from
the Propane Education & Research
Council. NPGA further adds that
recordkeeping relating to use of a
special permit for exemption shall be in
accordance with requirements of 49 CFR
390.29, 49 CFR 390.31, and 49 CFR
395.8. Drivers operating under the
exemption would be allowed only six
consecutive days to utilize the
exemption, and NPGA members must
comply with all other provisions of the
Federal Motor Carrier Safety
Regulations.
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V. Public Comments
On September 30, 2022, FMCSA
published notice of this application and
requested public comments (87 FR
59486). The Agency received seven
comments, six of which opposed the
exemption. The six commenters that
opposed the exemption were the
following: the Commercial Vehicle
Safety Alliance (CVSA); OwnerOperator Independent Drivers
Association (OOIDA); Advocates for
Highway and Auto Safety (Advocates)/
Truck Safety Coalition (TSC); AWM
Associates, LLC; Rebecca Transport; and
one individual commentor. One
commenter took no position on the
application.
Advocates/TSC stated ‘‘. . . the
exemption could be triggered by such
common occurrences as cold
temperatures and fallen trees [and t]he
Petitioner also fails to meet the statutory
requirements for requesting such an
exemption.’’ CVSA opposed granting
the exemption and suggested that ‘‘. . .
FMCSA find alternative solutions to
meet this need that are narrower and
more targeted to the individual
scenarios. One possible solution would
be to direct the service centers to
monitor needs and coordinate with
industry to provide region specific
waivers as appropriate.’’
OOIDA’s comment focused on the
impact the exemption would have on
individual drivers: ‘‘While we believe
drivers should be provided maximum
flexibility under HOS regulations, we
fear this proposal could lead to greater
coercion of employee drivers, with
propane providers applying pressure to
complete hauls while drivers are
fatigued. Furthermore, it is unclear at
what point drivers may waive the 60and 70-hour rule.’’ AWM Associates,
LLC, provided the following comment:
‘‘If a community is impacted, then the
local government official may declare an
emergency per Part 390.23 so the drivers
needed may function as needed. A
blanket exemption is far reaching and
would exempt areas not impacted by the
shortage of drivers.’’
VI. FMCSA Safety Analysis and
Decision
FMCSA has evaluated the NPGA
application and the public comments
and denies the exemption. Research
studies demonstrate that long work
hours contribute to driver fatigue and
can cause harm to a driver’s health.
Research also shows that crash risk
increases with long work hours. The
Agency established the HOS regulations
to ensure that drivers stay awake and
alert, and to reduce the possibility of
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Federal Register / Vol. 88, No. 75 / Wednesday, April 19, 2023 / Notices
cumulative fatigue. NPGA’s application
does not provide an analysis of the
safety impacts the requested exemption
from the HOS regulations may cause. It
also does not provide countermeasures
to ensure that the exemption would
likely achieve a level of safety
equivalent to, or greater than, the level
that would be achieved by the current
regulations. The Agency cannot ensure
that the exemption would achieve the
requisite level of safety.
Furthermore, what constitutes an
emergency, sufficient to be exempted
from existing safety regulations, is a
fact-specific inquiry. Among the
conditions specified in the NPGA
application were ‘‘railcar delays in
excess of five business days,’’
‘‘limitation of pipeline services due to
pipeline allocation,’’ and ‘‘weather- and
storm-related events including but not
limited to fallen trees, rock and
mudslides and other debris on the
roadways . . .’’ The Agency does not
find a categorical exemption for the
scenarios requested is appropriate.
For the above reasons, NPGA’s
exemption application is denied.
Robin Hutcheson,
Administrator.
[FR Doc. 2023–08192 Filed 4–18–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0032]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 15 individuals for an
exemption from the prohibition in the
Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with a clinical diagnosis of epilepsy or
any other condition that is likely to
cause a loss of consciousness or any loss
of ability to control a commercial motor
vehicle (CMV) to drive in interstate
commerce. If granted, the exemptions
would enable these individuals who
have had one or more seizures and are
taking anti-seizure medication to
operate CMVs in interstate commerce.
DATES: Comments must be received on
or before May 19, 2023.
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SUMMARY:
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16:37 Apr 18, 2023
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You may submit comments
identified by the Federal Docket
Management System Docket No.
FMCSA–2023–0032 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number (FMCSA–2023–0032) in the
keyword box and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click on the ‘‘Comment’’ button.
Follow the online instructions for
submitting comments.
• Mail: Dockets Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590–0001 between 9 a.m. and 5 p.m.
ET Monday through Friday, except
Federal Holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, FMCSA, DOT, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001, (202) 366–
4001, fmcsamedical@dot.gov. Office
hours are 8:30 a.m. to 5 p.m. ET Monday
through Friday, except Federal holidays.
If you have questions regarding viewing
or submitting material to the docket,
contact Dockets Operations, (202) 366–
9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2023–0032),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
www.regulations.gov/docket?D=FMCSA2023-0032. Next, sort the results by
‘‘Posted (Newer-Older),’’ choose the first
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24261
notice listed, click the ‘‘Comment’’
button, and type your comment into the
text box on the following screen. Choose
whether you are submitting your
comment as an individual or on behalf
of a third party and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. FMCSA will consider
all comments and material received
during the comment period.
B. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2023–0032) in the
keyword box and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click ‘‘Browse Comments.’’ If you
do not have access to the internet, you
may view the docket online by visiting
Dockets Operations in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001, 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 Dockets Operations.
C. Privacy Act
In accordance with 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public on the exemption
request. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov. As described in
the system of records notice DOT/ALL
14 (Federal Docket Management
System), which can be reviewed at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-notices, the comments are
searchable by the name of the submitter.
II. Background
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-year period if it finds
such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption. The
statutes also allow the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification.
The 15 individuals listed in this
notice have requested an exemption
from the epilepsy and seizure disorders
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]]>Agencies
[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Notices]
[Pages 24259-24261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08192]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0175]
Hours of Service of Drivers: National Propane Gas Association;
Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; denial of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to deny the exemption request
from the National Propane Gas Association (NPGA). NPGA sought an
exemption from various hours-of-service (HOS) requirements to enable
the propane industry to prepare and respond to peak periods of consumer
demand among residential, agricultural, and commercial consumers in
anticipation of, during, and to recover from emergency conditions. NPGA
requests that the exemption apply on a per-driver, per-route basis, and
that each company that elects to utilize it must maintain appropriate
documentation to demonstrate the presence of peak consumer demand
conditions within the scope of the exemption. FMCSA analyzed the
exemption application and public comments and determined that the
exemption would not achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards at (202) 366-2722 or [email protected]. If you
have questions on viewing or submitting material to the docket, contact
Docket Services, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to www.regulations.gov, insert the docket
number ``FMCSA-2022-0175'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, click ``Browse Comments.''
To view documents mentioned in this notice as being available in
the docket, go to www.regulations.gov, insert the docket number
``FMCSA-2022-0175'' in the keyword box, click ``Search,'' and chose the
document to review.
If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations 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., 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 Dockets Operations.
II. 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
[[Page 24260]]
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)).
III. Background
Current Regulation Requirements
FMCSA's hours of service (HOS) regulations in 49 CFR part 395 place
limits on the amount of time drivers of commercial motor vehicles
(CMVs) may drive to reduce the possibility of driver fatigue. The
regulations in 49 CFR 395.3(a)(2)--commonly referred to as the 14-hour
``driving window''--allow an individual a period of 14 consecutive
hours in which to drive up to 11 hours after being off duty for 10 or
more consecutive hours. The regulations in 49 CFR 395.3(a)(3) prohibit
individuals from driving again after 11 hours driving until they have
been off duty for a minimum of 10 consecutive hours. The regulation in
49 CFR 395.3(b)(1) prohibits a motor carrier that does not operate
vehicles every day of the week from requiring or permitting a driver to
drive, nor may the driver drive, a CMV after being on duty 60 hours
during any 7 consecutive days, and 49 CFR 395.3(b)(2) prohibits a motor
carrier that operates CMVs every day of the week from requiring or
permitting a driver to drive, nor may the driver drive, a CMV after
being on duty 70 hours in any 8 consecutive days. These are generally
called the 60- and 70-hour ``weekly'' limits.
Applicant's Request
The National Propane Gas Association (NPGA) requests a five-year
exemption for its member company drivers to extend the 14-hour duty
period in Sec. 395.3(a)(2) to no more than 17 hours; extend the 11-
hour driving period in Sec. 395.3(a)(3) to no more than 14 hours,
following 10 consecutive hours off duty; waive the 60- and 70-hour
rules in Sec. 395.3(b) for a period of no more than six consecutive
days; and a period of six consecutive days may end with the beginning
of an off-duty period of 34 or more consecutive hours. The exemption
request is made in order to enable the propane industry to prepare and
respond to peak periods of consumer demand among residential,
agricultural, and commercial consumers.
NPGA is the national trade association of the propane industry with
a membership of nearly 2,500 companies and 36 State and regional
associations representing members in all 50 States. Its membership
includes retail marketers of propane gas who deliver fuel to the end
user, propane producers, transporters and wholesalers, and
manufacturers and distributors of equipment, containers, and
appliances. NPGA's petition states that, in order to meet consumer
demand, long- and short-haul propane drivers often reach the maximum
``weekly'' HOS limits within three or four days, making them
unavailable for the rest of the ``week'' while consumer demand
continues. According to NPGA, the purpose of its request is to prepare
and serve residential, commercial, and agricultural consumers ahead of
and during peak consumption periods efficiently and safely. To clearly
define the scope in its application, NPGA provided a brief outline of
the terms and conditions that would apply to those individuals
providing propane services for periods of peak consumer demand.
IV. Method To Ensure an Equivalent or Greater Level of Safety
To ensure an equivalent or greater level of safety, the NPGA
application states that before operating under the special exemption,
drivers must complete the Fatigue and Wellness Awareness course
available online from the Propane Education & Research Council. NPGA
further adds that recordkeeping relating to use of a special permit for
exemption shall be in accordance with requirements of 49 CFR 390.29, 49
CFR 390.31, and 49 CFR 395.8. Drivers operating under the exemption
would be allowed only six consecutive days to utilize the exemption,
and NPGA members must comply with all other provisions of the Federal
Motor Carrier Safety Regulations.
V. Public Comments
On September 30, 2022, FMCSA published notice of this application
and requested public comments (87 FR 59486). The Agency received seven
comments, six of which opposed the exemption. The six commenters that
opposed the exemption were the following: the Commercial Vehicle Safety
Alliance (CVSA); Owner-Operator Independent Drivers Association
(OOIDA); Advocates for Highway and Auto Safety (Advocates)/Truck Safety
Coalition (TSC); AWM Associates, LLC; Rebecca Transport; and one
individual commentor. One commenter took no position on the
application.
Advocates/TSC stated ``. . . the exemption could be triggered by
such common occurrences as cold temperatures and fallen trees [and t]he
Petitioner also fails to meet the statutory requirements for requesting
such an exemption.'' CVSA opposed granting the exemption and suggested
that ``. . . FMCSA find alternative solutions to meet this need that
are narrower and more targeted to the individual scenarios. One
possible solution would be to direct the service centers to monitor
needs and coordinate with industry to provide region specific waivers
as appropriate.''
OOIDA's comment focused on the impact the exemption would have on
individual drivers: ``While we believe drivers should be provided
maximum flexibility under HOS regulations, we fear this proposal could
lead to greater coercion of employee drivers, with propane providers
applying pressure to complete hauls while drivers are fatigued.
Furthermore, it is unclear at what point drivers may waive the 60- and
70-hour rule.'' AWM Associates, LLC, provided the following comment:
``If a community is impacted, then the local government official may
declare an emergency per Part 390.23 so the drivers needed may function
as needed. A blanket exemption is far reaching and would exempt areas
not impacted by the shortage of drivers.''
VI. FMCSA Safety Analysis and Decision
FMCSA has evaluated the NPGA application and the public comments
and denies the exemption. Research studies demonstrate that long work
hours contribute to driver fatigue and can cause harm to a driver's
health. Research also shows that crash risk increases with long work
hours. The Agency established the HOS regulations to ensure that
drivers stay awake and alert, and to reduce the possibility of
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cumulative fatigue. NPGA's application does not provide an analysis of
the safety impacts the requested exemption from the HOS regulations may
cause. It also does not provide countermeasures to ensure that the
exemption would likely achieve a level of safety equivalent to, or
greater than, the level that would be achieved by the current
regulations. The Agency cannot ensure that the exemption would achieve
the requisite level of safety.
Furthermore, what constitutes an emergency, sufficient to be
exempted from existing safety regulations, is a fact-specific inquiry.
Among the conditions specified in the NPGA application were ``railcar
delays in excess of five business days,'' ``limitation of pipeline
services due to pipeline allocation,'' and ``weather- and storm-related
events including but not limited to fallen trees, rock and mudslides
and other debris on the roadways . . .'' The Agency does not find a
categorical exemption for the scenarios requested is appropriate.
For the above reasons, NPGA's exemption application is denied.
Robin Hutcheson,
Administrator.
[FR Doc. 2023-08192 Filed 4-18-23; 8:45 am]
BILLING CODE 4910-EX-P
