82 FR 44871 - Hours of Service of Drivers: National Tank Truck Carriers; Application for Exemption
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 185 (September 26, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 185 (September 26, 2017)
| Page Range | 44871-44873 | |
| FR Document | 2017-20525 |
[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)] [Notices] [Pages 44871-44873] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20525] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0270] Hours of Service of Drivers: National Tank Truck Carriers; Application for Exemption AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that it has received an application from the National Tank Truck Carriers, Inc. (NTTC) requesting exemption from the requirement that drivers of commercial motor vehicles (CMVs) obtain a 30-minute rest break. The exemption would enable drivers engaged in the transportation of petroleum-based fuels to use 30 minutes of time attending the load to satisfy the 30-minute rest break requirement. FMCSA requests public comment on NTTC's application for exemption. DATES: Comments must be received on or before October 26, 2017. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA-2017-0270 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. ET, 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. DOT posts all comments received without change to www.regulations.gov. This includes any personal information contained in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or [[Page 44872]] 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: 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-2017-0270), 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-2017-0270'' 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. 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 HOS rules require most interstate drivers to maintain a record of duty status (RODS) on board the CMV at all times. This record, or log, must reflect the driver's duty status on that date and for the preceding 7 (or in some cases, 8) days. However, the HOS rules provide an exception to this rule--the 100 air-mile radius exception (49 CFR 395.1(e)(1)). This provision 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 quit work within 12 hours. The motor carrier must maintain at the principal place of business a record of the time the driver came on duty, the time the driver was released from duty, and the total number of hours the driver was on duty. The HOS rules include a requirement that drivers of property-carrying CMVs take a rest break of at least 30 minutes if 8 hours have passed since the end of the driver's last off-duty or sleeper-berth period of at least 30 minutes. However, the requirement to take a minimm 30 minute rest break does not apply to drivers operating within the 100 air-mile radius ``short haul'' exemption area. Request for Exemption Applicant NTTC seeks exemption from the 30-minute rest break provision on behalf of motor carriers and drivers engaged in the transportation of petroleum-based products. While it estimates that 38,000 tractors perform these operations daily, the number that would require the exemption would be much smaller. NTTC explains that most drivers engaged in the transportation of petroleum products by CMV qualify for the 100 air-mile exception and thus are not required to observe a 30-minute break. However, on rare occasions, a driver does not qualify for the 100 air-mile exception, usually because unexpected interruptions to the workday stretch the driver's duty day beyond the 12-hour limit of that exception. When this occurs, the driver is required to go off duty for at least 30 minutes. However, even if the driver parks the CMV, he or she must attend it because it is an HM load, and a driver who is attending a load is not considered off duty. NTTC seeks exemption for these drivers to allow them to proceed without observing a 30-minute off-duty break. It asks that these drivers be able to designate a period of on-duty waiting time of at least 30 minutes duration to satisfy the rest-break requirement, provided the only work performed during that time is attending the HM load. NTTC indicates that the typical workday of these drivers consists of loading petroleum fuel at one location and then delivering it to 3 or 4 service stations. Some, if not all, of these stops exceed 30 minutes, during which the driver is often only attending the load. NTTC describes this waiting time as restful because the driver is otherwise free to engage in activities such as eating and making personal phone calls. NTTC asserts that exemption for these drivers will result in a level of safety that is equivalent to that achieved without the exemption. It asserts that considerable time is required to locate a suitably secure location for parking an HM load so that the driver can go off duty. NTTC believes that the considerable, additional movement of the CMV for this purpose increases the risk of a crash. It also asserts that the safest approach is to keep the CMV moving toward its destination and cites two authorities for its position. It first [[Page 44873]] cites the Transportation Security Administration's warning to truckers that vehicles transporting HM are ``targets of choice'' for terrorists and thus should not be parked en route. Second, NTTC cites a regulation of the Pipeline and Hazardous Materials Safety Administration (US DOT) stating that ``[a]ll shipments of hazardous materials must be transported without unnecessary delay, from and including the time of commencement of the loading of the hazardous material until its final unloading at destination'' (49 CFR 177.800(d)). For these reasons, NTTC believes that its drivers should not be required to take a rest break when they discover that they are no longer eligible for the short-haul exemption. NTTC seeks exemption for the maximum period of 5 years. A copy of NTTC's application for exemption is available in the docket of this matter. Issued on: September 18, 2017 Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-20525 Filed 9-25-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Notices 44871
duration of a driver’s medical extending the exemption for each of Issued on: September 19, 2017.
certification. these drivers for a period of two years Larry W. Minor,
The physical qualification standard is likely to achieve a level of safety Associate Administrator for Policy.
for drivers regarding hearing found in equal to that existing without the [FR Doc. 2017–20524 Filed 9–25–17; 8:45 am]
49 CFR 391.41(b)(11) states that a exemption. BILLING CODE 4910–EX–P
person is physically qualified to driver As of September 12, 2017, and in
a CMV if that person: accordance with 49 U.S.C. 31136(e) and
First perceives a forced whispered voice in 31315, the following two individuals, DEPARTMENT OF TRANSPORTATION
the better ear at not less than 5 feet with or have satisfied the renewal conditions for
without the use of a hearing aid or, if tested obtaining an exemption from the Federal Motor Carrier Safety
by use of an audiometric device, does not hearing requirement in the FMCSRs for Administration
have an average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000 Hz,
interstate CMV drivers (80 FR 48394): [Docket No. FMCSA–2017–0270]
and 2,000 Hz with or without a hearing aid Casey Wayne Patrick (WA) and Eduwin
when the audiometric device is calibrated to Pineiro (NJ). Hours of Service of Drivers: National
American National Standard (formerly ASA The drivers were included in docket Tank Truck Carriers; Application for
Standard) Z24.5–1951. number FMCSA–2014–0386. The Exemption
49 CFR 391.41(b)(11) was adopted in exemptions were applicable on AGENCY: Federal Motor Carrier Safety
1970, with a revision in 1971 to allow September 12, 2017, and will expire on Administration (FMCSA), DOT.
drivers to be qualified under this September 12, 2019. ACTION: Notice of application for
standard while wearing a hearing aid, exemption; request for comments.
IV. Conditions and Requirements
35 FR 6458, 6463 (April 22, 1970) and
36 FR 12857 (July 3, 1971). The exemptions are extended subject SUMMARY: FMCSA announces that it has
The two individuals listed in this to the following conditions: (1) Each received an application from the
notice have requested renewal of their driver must report any crashes or National Tank Truck Carriers, Inc.
exemptions from the hearing standard accidents as defined in 49 CFR 390.5; (NTTC) requesting exemption from the
in 49 CFR 391.41(b)(11), in accordance (2) report all citations and convictions requirement that drivers of commercial
with FMCSA procedures. Accordingly, for disqualifying offenses under 49 CFR motor vehicles (CMVs) obtain a 30-
FMCSA has evaluated these part 383 and 49 CFR 391 to FMCSA, and minute rest break. The exemption
applications for renewal on their merits (3) each driver prohibited from would enable drivers engaged in the
and decided to extend each exemption operating a motorcoach or bus with transportation of petroleum-based fuels
for a renewable two-year period. passengers in interstate commerce. The to use 30 minutes of time attending the
II. Request for Comments driver must also have a copy of the load to satisfy the 30-minute rest break
exemption when driving, for requirement. FMCSA requests public
Interested parties or organizations presentation to a duly authorized comment on NTTC’s application for
possessing information that would Federal, State, or local enforcement exemption.
otherwise show that any, or all, of these official. In addition, the exemption does
drivers are not currently achieving the DATES: Comments must be received on
not exempt the individual from meeting or before October 26, 2017.
statutory level of safety should the applicable CDL testing
immediately notify FMCSA. The ADDRESSES: You may submit comments
requirements. Each exemption will be
Agency will evaluate any adverse identified by Federal Docket
valid for two years unless rescinded
evidence submitted and, if safety is Management System Number FMCSA–
earlier by FMCSA. The exemption will
being compromised or if continuation of 2017–0270 by any of the following
be rescinded if: (1) The person fails to
the exemption would not be consistent methods:
comply with the terms and conditions • Federal eRulemaking Portal:
with the goals and objectives of 49 of the exemption; (2) the exemption has
U.S.C. 31136(e) and 31315, FMCSA will www.regulations.gov. See the Public
resulted in a lower level of safety than Participation and Request for Comments
take immediate steps to revoke the was maintained before it was granted; or
exemption of a driver. section below for further information.
(3) continuation of the exemption would • Mail: Docket Management Facility,
III. Basis for Renewing Exemptions not be consistent with the goals and U.S. Department of Transportation, 1200
In accordance with 49 U.S.C. 31136(e) objectives of 49 U.S.C. 31136(e) and New Jersey Avenue SE., West Building,
and 31315, each of the two applicants 31315. Ground Floor, Room W12–140,
have satisfied the renewal conditions for V. Preemption Washington, DC 20590–0001.
obtaining an exemption from the • Hand Delivery or Courier: West
hearing requirement (80 FR 48394). In During the period the exemption is in Building, Ground Floor, Room W12–
addition, for Commercial Driver’s effect, no State shall enforce any law or 140, 1200 New Jersey Avenue SE.,
License (CDL) holders, the Commercial regulation that conflicts with this between 9 a.m. and 5 p.m. ET, Monday
Driver’s License Information System exemption with respect to a person through Friday, except Federal holidays.
(CDLIS) and the Motor Carrier operating under the exemption. • Fax: 1–202–493–2251.
Management Information System VI. Conclusion Each submission must include the
(MCMIS) are searched for crash and Agency name and the docket number for
violation data. For non-CDL holders, the Based upon its evaluation of the two this notice. DOT posts all comments
Agency reviews the driving records exemption applications, FMCSA renews received without change to
from the State Driver’s Licensing the exemptions of the aforementioned www.regulations.gov. This includes any
Agency (SDLA). These factors provide drivers from the hearing requirement in personal information contained in a
an adequate basis for predicting each 49 CFR 391.41 (b)(11). In accordance comment. Please see the Privacy Act
driver’s ability to continue to safely with 49 U.S.C. 31136(e) and 31315, each heading below.
operate a CMV in interstate commerce. exemption will be valid for two years Docket: For access to the docket to
Therefore, FMCSA concludes that unless revoked earlier by FMCSA. read background documents or
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![Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Notices 44873
cites the Transportation Security subject to delay, commenters are Description: Regulation C,1 which
Administration’s warning to truckers encouraged to submit comments by implements the Home Mortgage
that vehicles transporting HM are email, if possible. Comments may be Disclosure Act 2 (HMDA) enacted in
‘‘targets of choice’’ for terrorists and sent to: Legislative and Regulatory 1975, requires certain depository and
thus should not be parked en route. Activities Division, Office of the non-depository institutions that make
Second, NTTC cites a regulation of the Comptroller of the Currency, Attention: certain mortgage loans to collect, report,
Pipeline and Hazardous Materials Safety 1557–0176; 1557–0159, 400 7th Street and disclose data about originations and
Administration (US DOT) stating that SW., Suite 3E–218, Mail Stop 9W–11, purchases of mortgage loans, as well as
‘‘[a]ll shipments of hazardous materials Washington, DC 20219. In addition, loan applications that do not result in
must be transported without comments may be sent by fax to (571) originations. HMDA generates loan data
unnecessary delay, from and including 465–4326 or by electronic mail to that can be used to: (1) Help determine
the time of commencement of the prainfo@occ.treas.gov. You may whether financial institutions are
loading of the hazardous material until personally inspect and photocopy serving the housing needs of their
its final unloading at destination’’ (49 comments at the OCC, 400 7th Street communities; (2) assist public officials
CFR 177.800(d)). For these reasons, SW., Washington, DC 20219. For in distributing public-sector
NTTC believes that its drivers should security reasons, the OCC requires that investments so as to attract private
not be required to take a rest break when visitors make an appointment to inspect investment to areas where it is needed;
they discover that they are no longer comments. You may do so by calling and (3) assist in identifying possible
eligible for the short-haul exemption. (202) 649–6700 or, for persons who are discriminatory lending patterns and
NTTC seeks exemption for the deaf or hard of hearing, TTY, (202) 649– enforcing anti-discrimination statutes.
maximum period of 5 years. A copy of 5597. Upon arrival, visitors will be The Dodd-Frank Wall Street Reform
NTTC’s application for exemption is required to present valid government- and Consumer Protection Act of 2010 3
available in the docket of this matter. issued photo identification and submit (the Dodd-Frank Act) transferred HMDA
to security screening in order to inspect and its rulemaking authority from the
Issued on: September 18, 2017
and photocopy comments. Board of Governors of the Federal
Larry W. Minor, Reserve System (Board) to the Consumer
Associate Administrator for Policy. All comments received, including
attachments and other supporting Financial Protection Bureau (CFPB), and
[FR Doc. 2017–20525 Filed 9–25–17; 8:45 am]
materials, are part of the public record transferred supervisory and enforcement
BILLING CODE 4910–EX–P
and subject to public disclosure. Do not authority for HMDA for depository
institutions over $10 billion in
include any information in your
consolidated assets from the Board,
comment or supporting materials that
DEPARTMENT OF THE TREASURY Federal Deposit Insurance Corporation,
you consider confidential or
OCC, and National Credit Union
inappropriate for public disclosure.
Office of the Comptroller of the Administration to the CFPB.
Currency FOR FURTHER INFORMATION CONTACT: The CFPB published a final rule on
Shaquita Merritt, OCC Clearance October 28, 2015, that expanded the
Agency Information Collection Officer, (202) 649–5490 or, for persons data collected and reported under
Activities: Information Collection who are deaf or hard of hearing, TTY, HMDA, as implemented by Regulation
Revisions; Comment Request; (202) 649–5597, Legislative and C, and published a final rule on
Regulation C; Fair Housing Home Loan Regulatory Activities Division, Office of September 13, 2017, with additional
Data System Regulation the Comptroller of the Currency, 400 7th corrections and clarifications (final
Street SW., Washington, DC 20219. rules). The final rules also modified the
AGENCY: Office of the Comptroller of the
SUPPLEMENTARY INFORMATION: Under the types of lenders and loans covered
Currency (OCC), Treasury.
PRA (44 U.S.C. 3501–3520), Federal under Regulation C. First, for data
ACTION: Notice and request for comment. collected in 2017, and reported in 2018,
agencies must obtain approval from the
SUMMARY: The OCC, as part of its OMB for each collection of information the rule simply reduces the number of
continuing effort to reduce paperwork that they conduct or sponsor. institutions covered under Regulation C
and respondent burden, invites the ‘‘Collection of information’’ is defined because only depositories originating
general public and other Federal in 44 U.S.C. 3502(3) and 5 CFR more than 25 closed end loans must
agencies to take this opportunity to 1320.3(c) to include agency requests or report. Then, starting January 1, 2018,
comment on a continuing information requirements that members of the public an institution will collect expanded data
collection as required by the Paperwork submit reports, keep records, or provide under HMDA if it either originates 25 or
Reduction Act of 1995 (PRA). information to a third party. Section more closed-end mortgage loans or 500
An agency may not conduct or 3506(c)(2)(A) of title 44 requires Federal or more open-end lines of credit secured
sponsor, and the respondent is not agencies to provide a 60-day notice in by a dwelling in each of the two
required to respond to, an information the Federal Register concerning each preceding years, in addition to meeting
collection unless it displays a currently proposed collection of information, other criteria. These institutions will
valid Office of Management and Budget including each proposed revision of an begin reporting the expanded HMDA
(OMB) control number. existing collection of information, data in 2019. Starting in 2020, an
The OCC is soliciting comment before submitting the collection to OMB institution will collect data on open-end
concerning the revisions of information for approval. To comply with this lines of credit if it originates more than
collections titled ‘‘Regulation C’’ and requirement, the OCC is publishing this 100 open-end lines of credit secured by
‘‘Fair Housing Home Loan Data System notice. a dwelling in each of the two preceding
Regulation.’’ Titles: Regulation C; Fair Housing years (and report that open-end lines of
Home Loan Data System Regulation. credit data beginning in 2021). An
DATES: Comments must be submitted on
or before November 27, 2017. OMB Control Nos.: 1557–0176; 1557– 1 12CFR part 1003.
ADDRESSES: Because paper mail in the 0159. 2 12U.S.C. 2801–2811.
Washington, DC area and at the OCC is Type of Review: Regular review. 3 Public Law 111–203, July 21, 2010.
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Document Created: 2017-09-26 02:48:54
Document Modified: 2017-09-26 02:48:54
| 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 26, 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 44871 |
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