82 FR 42415 - Hours of Service of Drivers: National Asphalt Pavement Association, Inc.; Application for Exemption

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 172 (September 7, 2017)

Page Range		42415-42417
FR Document		2017-18985

FMCSA announces that it has received an application from the National Asphalt Pavement Association, (Inc.) (NAPA) requesting exemptions from two requirements of the hours-of-service (HOS) regulations for drivers of certain commercial motor vehicles (CMVs) operated by NAPA members, the 30-minute rest break provision and the requirement that short-haul drivers utilizing the record of duty status (RODS) exception return to their work-reporting location within 12 hours of coming on duty. The first exemption would enable drivers engaged in the transportation of asphalt and related materials to use 30 minutes or more of on-duty ``waiting time'' to satisfy the requirement for the 30-minute rest break, provided they do not perform any other work during the break. The second exemption would allow these drivers to use the short-haul exception but return to their work- reporting location within 14 hours instead of the usual 12 hours. FMCSA requests public comment on NAPA's application for exemptions.

Federal Register, Volume 82 Issue 172 (Thursday, September 7, 2017)

[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42415-42417]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18985]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0197]


Hours of Service of Drivers: National Asphalt Pavement 
Association, Inc.; Application for Exemption

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application from the 
National Asphalt Pavement Association, (Inc.) (NAPA) requesting 
exemptions from two requirements of the hours-of-service (HOS) 
regulations for drivers of certain commercial motor vehicles (CMVs) 
operated by NAPA members, the 30-minute rest break provision and the 
requirement that short-haul drivers utilizing the record of duty status 
(RODS) exception return to their work-reporting location within 12 
hours of coming on duty. The first exemption would enable drivers 
engaged in the transportation of asphalt and related materials to use 
30 minutes or more of on-duty ``waiting time'' to satisfy the 
requirement for the 30-minute rest break, provided they do not perform 
any other work during the break. The second exemption would allow these 
drivers to use the short-haul exception but return to their work-
reporting location within 14 hours instead of the usual 12 hours.

[[Page 42416]]

FMCSA requests public comment on NAPA's application for exemptions.

DATES: Comments must be received on or before October 10, 2017.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2017-0197 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, 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. The on-line FDMS is available 24 hours each 
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. 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 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, please contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier 
Operations Division; Telephone: (614) 942-6477; Email: [email protected]. 
If you have questions on viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2017-0197), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. 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 the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2017-0197'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in 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 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope. FMCSA will consider all comments and material received 
during the comment period and may grant or not grant this application 
based on your comments.

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 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. Request for Exemption

    NAPA seeks exemptions for all drivers of member companies 
transporting asphalt and related materials and equipment from the HOS 
30-minute rest break provision in 49 CFR 395.3(a)(3)(ii) and the 
restriction of the RODS exception for short-haul operations to drivers 
who return to their normal work-reporting location within 12 hours [49 
CFR 395.1(e)(1)(ii)(A)].
    The first exemption from the HOS rest break provision, if granted, 
would enable drivers engaged in the transportation of asphalt and 
related materials to use 30 minutes or more of on-duty ``waiting time'' 
to satisfy the requirement for the 30-minute rest break, provided they 
do not perform any other work during the break. According to NAPA, 
asphalt is a highly perishable product. It is loaded into the delivery 
truck at 280-300 degrees Fahrenheit and begins to cool immediately. If 
the asphalt is not delivered and placed on the paving site within two 
hours, the product hardens and is no longer vicous enough to be 
useable. Drivers of asphalt delivery vehicles typically drive 
approximately one-third of their workday; the rest of their day is 
spent waiting to load or unload their vehicles and in other non-driving 
duties such as paperwork and cleaning their trucks after each load.
    The second exemption, if granted, would allow these same drivers to 
use the short-haul RODS exception but with a 14-hour duty period 
instead of 12 hours. NAPA advises that while some short-haul drivers 
will be able to take advantange of the exception from the 30-minute 
break, other drivers are often required to be on duty more than 12 
hours in a day and therefore are not eligible to use the short-haul 
exception.
    NAPA mentioned that drivers of ready-mixed concrete delivery 
vehicles were granted an exemption from the minimum 30-minute rest 
break provision.\1\ NAPA states that ``the same

[[Page 42417]]

reasoning supporting the exemptions from the 30-minute break time rule 
and allowing a 14-hour daily on duty-period for drivers of ready-mixed 
concrete vehicles applies to drivers engaged in the transportation of 
asphalt and related materials and equipment. Both are perishable 
products that are not useable if they are not dropped and spread within 
a brief delivery window. Because of this short delivery window, the 
routes from the production facility to the delivery site for both 
products are limited to less than 40 miles, and the time spent actually 
driving a CMV is typically only a few hours per day. Thus in both 
cases, the drivers do not face the same fatigue factors as drivers of 
long-haul trucks, and therefore do not pose the same risk of a fatigue-
related accident as long-haul drivers.''
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    \1\ More precisely, section 5521 of the Fixing America's Surface 
Transportation (FAST) Act, exempts a ``driver of a ready mixed 
concrete delivery vehicle'' from all of the normal hours-of-service 
regulations, including the 30-minute break rule, who operates within 
a 100 air-mile radius of his/her normal work reporting location and 
meets certain other requirements [Pub. L. 114-94, 129 Stat. 1312, 
1559, Dec. 4, 2015, codified at 49 U.S.C. 31502(f)]. In addition, 
FMCSA granted drivers of ready mixed concrete trucks an exemption 
from the 30-minute break requirement [80 FR 17819, April 2, 2015], 
which section 5206(b)(1)(A) of the FAST Act made into permanent law 
[129 Stat. 1312, 1537].
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    NAPA requests that the operation of certain vehicles and equipment 
(Water Truck, Tack (tar) Distributor, Equipment Hauler and Pick-Sweeper 
(Street Sweeper)) be included in the definition of ``transportation of 
asphalt and related materials and equipment'' for purposes of these 
exemptions.
    NAPA states in its application that drivers would remain subject to 
the HOS regulations and would receive sufficient rest due to the nature 
of their operations that limit driving to an average of six to seven 
hours per day or less during the paving season. NAPA believes that 
granting these exemptions would achieve the same level of safety 
provided by the two HOS rules. The requested exemptions are for 5 years 
with renewals. A copy of NAPA's application for exemptions is available 
for review in the docket for this notice.

    Issued on: August 30, 2017.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2017-18985 Filed 9-6-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 42415

p.m., e.t., Monday through Friday, and may be renewed upon application. Each exemption will be valid for two
except Federal holidays. If you have In accordance with 49 U.S.C. 31136(e) years unless rescinded earlier by
questions regarding viewing or and 31315, each of the twelve FMCSA. The exemption will be
submitting material to the docket, applicants has satisfied the renewal rescinded if: (1) The person fails to
contact Docket Services, telephone (202) conditions for obtaining an exemption comply with the terms and conditions
366–9826. from the hearing requirement (80 FR of the exemption; (2) the exemption has
SUPPLEMENTARY INFORMATION: 57032; 80 FR 60747). In addition, for resulted in a lower level of safety than
Commercial Driver’s License (CDL) was maintained before it was granted; or
I. Background holders, the Commercial Driver’s (3) continuation of the exemption would
Under 49 U.S.C. 31136(e) and 31315, License Information System (CDLIS) not be consistent with the goals and
FMCSA may grant an exemption for two and the Motor Carrier Management objectives of 49 U.S.C. 31136(e) and
years if it finds ‘‘such exemption would Information System (MCMIS) are 31315.
likely achieve a level of safety that is searched for crash and violation data. V. Conclusion
equivalent to or greater than the level For non-CDL holders, the Agency
that would be achieved absent such reviews the driving records from the Based upon its evaluation of the four
exemption.’’ The statute also allows the State Driver’s Licensing Agency (SDLA). exemption applications, FMCSA renews
Agency to renew exemptions at the end These factors provide an adequate basis the exemptions of the aforementioned
of the two-year period. for predicting each driver’s ability to drivers from the hearing requirement in
The physical qualification standard continue to safely operate a CMV in 49 CFR 391.41 (b)(11). In accordance
for drivers regarding hearing found in interstate commerce. with 49 U.S.C. 31136(e) and 31315, each
49 CFR 391.41(b)(11) states that a The four drivers in this notice remain exemption will be valid for two years
person is physically qualified to drive a in good standing with the Agency and unless revoked earlier by FMCSA.
CMV if that person: have not exhibited any medical issues Issued on: August 30, 2017.
First perceives a forced whispered voice in that would compromise their ability to Larry W. Minor,
the better ear at not less than 5 feet with or safely operate a CMV during the Associate Administrator for Policy.
without the use of a hearing aid or, if tested previous two-year exemption period. [FR Doc. 2017–18984 Filed 9–6–17; 8:45 am]
by use of an audiometric device, does not FMCSA has concluded that renewing BILLING CODE 4910–EX–P
have an average hearing loss in the better ear the exemptions for each of these
greater than 40 decibels at 500 Hz, 1,000 Hz, applicants is likely to achieve a level of
and 2,000 Hz with or without a hearing aid safety equal to that existing without the
when the audiometric device is calibrated to
DEPARTMENT OF TRANSPORTATION
American National Standard (formerly ASA
exemption. Therefore, FMCSA has
Standard) Z24.5—1951. decided to renew each exemption for a Federal Motor Carrier Safety
two-year period. In accordance with 49 Administration
49 CFR 391.41(b)(11) was adopted in U.S.C. 31136(e) and 31315, each driver
1970, with a revision in 1971 to allow [Docket No. FMCSA–2017–0197]
has received a renewed exemption.
drivers to be qualified under this As of August 13, 2017, the following Hours of Service of Drivers: National
standard while wearing a hearing aid, four drivers have satisfied the renewal Asphalt Pavement Association, Inc.;
35 FR 6458, 6463 (April 22, 1970) and conditions for obtaining an exemption Application for Exemption
36 FR 12857 (July 3, 1971). from the hearing requirement in 49 CFR
The four individuals listed in this 391.41(b)(11), from driving CMVs in AGENCY: Federal Motor Carrier Safety
notice have requested renewal of their interstate commerce (80 FR 40125): Administration (FMCSA), DOT.
exemptions from the hearing standard ACTION: Notice of application for
in 49 CFR 391.41(b)(11), in accordance Harold R. Deavers (WV)
exemption; request for comments.
with FMCSA procedures. Accordingly, Emil Iontchev (IL)
FMCSA has evaluated these Jerald M. McCrary (NC) SUMMARY: FMCSA announces that it has
applications for renewal on their merits William K. Jones (MN) received an application from the
and decided to extend each exemption The drivers were included in National Asphalt Pavement Association,
for a renewable two-year period. FMCSA–2014–0385. The exemptions (Inc.) (NAPA) requesting exemptions
were effective on August 13, 2017, and from two requirements of the hours-of-
II. Request for Comments will expire on August 13, 2019. service (HOS) regulations for drivers of
Interested parties or organizations certain commercial motor vehicles
IV. Conditions and Requirements (CMVs) operated by NAPA members,
possessing information that would
otherwise show that any, or all, of these The exemptions are extended subject the 30-minute rest break provision and
drivers are not currently achieving the to the following conditions: (1) Each the requirement that short-haul drivers
statutory level of safety should driver must report any crashes or utilizing the record of duty status
immediately notify FMCSA. The accidents as defined in 49 CFR 390.5; (RODS) exception return to their work-
Agency will evaluate any adverse and (2) report all citations and reporting location within 12 hours of
evidence submitted and, if safety is convictions for disqualifying offenses coming on duty. The first exemption
being compromised or if continuation of under 49 CFR part 383 and 49 CFR 391 would enable drivers engaged in the
the exemption would not be consistent to FMCSA. In addition, the driver must transportation of asphalt and related
with the goals and objectives of 49 also have a copy of the exemption when materials to use 30 minutes or more of
U.S.C. 31136(e) and 31315, FMCSA will driving, for presentation to a duly on-duty ‘‘waiting time’’ to satisfy the
mstockstill on DSK30JT082PROD with NOTICES

take immediate steps to revoke the authorized Federal, State, or local requirement for the 30-minute rest
exemption of a driver. enforcement official. The driver is break, provided they do not perform any
prohibited from operating a motorcoach other work during the break. The second
III. Basis for Renewing Exemptions or bus with passengers in interstate exemption would allow these drivers to
Under 49 U.S.C. 31315(b)(1), an commerce. The exemption does not use the short-haul exception but return
exemption may be granted for no longer exempt the individual from meeting the to their work-reporting location within
than two years from its approval date applicable CDL testing requirements. 14 hours instead of the usual 12 hours.

VerDate Sep<11>2014 17:42 Sep 06, 2017 Jkt 241001 PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 E:\FR\FM\07SEN1.SGM 07SEN1

Document Created: 2017-09-07 02:01:27
Document Modified: 2017-09-07 02:01:27

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of application for exemption; request for comments.
Dates		Comments must be received on or before October 10, 2017.
Contact		For information concerning this notice, please contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Telephone: (614) 942-6477; Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		82 FR 42415

82 FR 42415 - Hours of Service of Drivers: National Asphalt Pavement Association, Inc.; Application for Exemption

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 172 (September 7, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration