83 FR 3864 - Hours of Service of Drivers: National Asphalt Pavement Association, Inc.; Application for Exemptions
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 18 (January 26, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 18 (January 26, 2018)
| Page Range | 3864-3866 | |
| FR Document | 2018-01400 |
[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)] [Notices] [Pages 3864-3866] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01400] ----------------------------------------------------------------------- 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 Exemptions AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemptions. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to grant the National Asphalt Pavement Association, (Inc.) (NAPA) request for exemptions from two requirements of the hours-of-service (HOS) regulations for all drivers of certain commercial motor vehicles (CMVs): (1) The 30-minute rest break provision and (2) 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 will 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 will 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. DATES: This exemption is applicable January 26, 2018 and expires January 25, 2023. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Public Participation Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, FMCSA-2017-0197, in the ``Keyword'' box and click ``Search.'' Next, click the ``Open Docket Folder'' button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility 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., e.t., Monday through Friday, except Federal holidays. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) 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 [[Page 3865]] 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 Exemptions NAPA seeks two exemptions for all drivers 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 available to drivers who return to their normal work-reporting location within 12 hours [49 CFR 395.1(e)(1)(ii)(A)]. NAPA requested the first exemption from the HOS rest break provision to allow 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 viscous 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. NAPA requested the second exemption to allow some 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 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.'' --------------------------------------------------------------------------- \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 the reporting, recordkeeping, or documentation requirements under the hours-of-service regulations if the driver operates within a 100 air-mile radius of his/her normal work reporting location, returns to the work reporting location and is released within 14 hours, 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 required to be made permanent [129 Stat. 1312, 1537]. --------------------------------------------------------------------------- NAPA requested 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 stated 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. V. Public Comments On September 7, 2017, FMCSA published notice of this application and requested public comment (82 FR 42415). The Agency received 70 comments representing individuals and various transportation interests in response to the proposed exemptions. The majority of the respondents in support of the requested exemptions were companies, associations, and individuals affiliated with the asphalt industry. For example, Nu Rock Asphalt Coatings supported the exemptions and stated, ``[i]t seems it would be advantageous for those involved in asphalt work to have HOS regulations in line with those found in the ready-mix concrete business. We feel this could be done without compromising safety.'' Wiregrass Construction wrote, ``[s]ince the ready-mix industry parallels the asphalt industry in terms of operational limitations with highly perishable, nonhazardous product, it seems perfectly logical that the asphalt industry should be subject to the same exemption from the 30 minute break requirement and 12 hour limit on Short Haul Exception.'' NAPA was among the many respondents commenting about its application and wrote to specifically clarify the record and provide additional comment concerning its application. NAPA explained that their petition for relief from the specific HOS requirements were not restricted to NAPA members and also provided additional rationale to support the need for both exemptions. Four respondents made comments about the regulations but took no position on the application. One individual, Mr. Richard Elliott, wrote, ``I do not oppose them using wait time in line as the 30 minute rest period but I do oppose extending any duty hours or exceptions.'' An anonymous respondent and the Advocates for Highway and Auto Safety (Advocates) opposed the requested exemptions. Advocates provided several reasons for not granting the exemptions. According to Advocates, ``the Application seeks to exempt an untold number of motor cariers and drivers from safety regulations and provides no justification for the exemptions requested.'' VI. FMCSA Decision FMCSA has evaluated NAPA's application and the public comments and decided to grant the exemptions. The Agency believes that all drivers transporting asphalt and related materials and equipment will likely achieve a level of safety that is equivalent to or greater than, the level of safety achieved without the exemption [49 CFR 381.305(a)]. The first exemption from the HOS 30-minute break provision will allow drivers engaged in the transportation of asphalt and related materials to use 30 minutes or more of on-duty ``waiting [[Page 3866]] 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 will allow drivers to use the short-haul RODS exception but with a 14-hour duty period instead of 12 hours. VII. Terms and Conditions for the ExemptionDrivers must have a copy of this notice or equivalent signed FMCSA exemption document in their possession while operating under the terms of the exemptions. The exemption document must be presented to law enforcement officials upon request. Drivers must return to the work reporting location and be released from work within 14 consecutive hours. Preemption In accordance with 49 U.S.C. 31315(d), during the period these exemptions are in effect, no State shall enforce any law or regulation that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemptions. Notification to FMCSA Exempt motor carriers must notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5), involving any of its CMVs operating under the terms of the exemptions. The notification must include the following information: (a) Name of the exemption: ``NAPA'' (b) Name of the operating motor carrier, (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) Vehicle number and State license number, (g) Number of individuals suffering physical injury, (h) Number of fatalities, (i) The police-reported cause of the accident, (j) Whether the driver was cited for violation of any traffic laws, motor carrier safety regulations, and (k) The driver's total driving time and total on-duty time period prior to the accident. Reports filed under this provision shall be emailed to MCPSD@DOT.GOV. Termination FMCSA does not believe the drivers covered by this exemption will experience any deterioration of their safety record. Interested parties or organizations possessing information that would otherwise show that any or all of these motor carriers are not achieving the requisite statutory level of safety should immediately notify FMCSA. The Agency will evaluate any information submitted and, if safety is being compromised or if the continuation of the exemptions are inconsistent with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA will immediately take steps to revoke the exemptions of the company or companies and drivers in question. Issued on: January 19, 2018. Cathy F. Gautreaux, Deputy Administrator. [FR Doc. 2018-01400 Filed 1-25-18; 8:45 am] BILLING CODE 4910-EX-P
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in the ‘‘Keyword’’ box, and click and small truck businesses). According short-haul drivers utilizing the record of
‘‘Search.’’ When the new screen to the applicants, many of their duty status (RODS) exception return to
appears, click on ‘‘Comment Now!’’ members are not fully prepared to meet their work-reporting location within 12
button and type your comment into the the December 18, 2017, compliance hours of coming on duty. The first
text box in the following screen. Choose date. Additionally, the current ELD exemption will enable drivers engaged
whether you are submitting your retail marketplace does not in the transportation of asphalt and
comment as an individual or on behalf accommodate the needs of the related materials to use 30 minutes or
of a third party and then submit. If you applicant’s industry segment, and does more of on-duty ‘‘waiting time’’ to
submit your comments by mail or hand not factor in existing HOS exemptions satisfy the requirement for the 30-
delivery, submit them in an unbound currently used by members. The minute rest break, provided they do not
format, no larger than 81⁄2 by 11 inches, applicants question whether any ELD perform any other work during the
suitable for copying and electronic self-certified device would fully break. The second exemption will allow
filing. If you submit comments by mail function given the lack of access to these drivers to use the short-haul
and would like to know that they broadband in many rural areas. The exception but return to their work-
reached the facility, please enclose a applicants also expressed their concern reporting location within 14 hours
stamped, self-addressed postcard or about ELD security against cyber- instead of the usual 12 hours.
envelope. FMCSA will consider all attacks, enforcement, cost, and training. DATES: This exemption is applicable
comments and material received during The applicants assert that the January 26, 2018 and expires January
the comment period and may grant or exemption, if granted, would give the 25, 2023.
not grant this application based on your marketplace time necessary to develop FOR FURTHER INFORMATION CONTACT: Mr.
comments. cost-effective and practical solutions for Thomas Yager, Chief, FMCSA Driver
II. Legal Basis the specific needs of impacted and Carrier Operations Division; Office
stakeholders and would allow FMCSA of Carrier, Driver and Vehicle Safety
FMCSA has authority under 49 U.S.C. to properly address necessary training Standards; Telephone: 614–942–6477.
31136(e) and 31315 to grant exemptions programs with compliant ELD options. Email: MCPSD@dot.gov. If you have
from certain parts of the Federal Motor The applicants believe that if the questions on viewing or submitting
Carrier Safety Regulations (FMCSRs). exemption is not granted the ELD rule material to the docket, contact Docket
FMCSA must publish a notice of each will cause significant challenges and Services, telephone (202) 366–9826.
exemption request in the Federal harm to fresh produce shippers and
Register (49 CFR 381.315(a)). The SUPPLEMENTARY INFORMATION:
small truck businesses. According to the
Agency must provide the public an applicants, granting the exemption will I. Public Participation
opportunity to inspect the information achieve a level of safety equivalent to
relevant to the application, including Viewing Comments and Documents
the level achieved by the ELD
any safety analyses that have been To view comments, as well as
requirements.
conducted. The Agency must also documents mentioned in this preamble
A copy of the applicants’ application
provide an opportunity for public as being available in the docket, go to
for exemption is available for review in
comment on the request. www.regulations.gov and insert the
the docket for this notice.
The Agency reviews safety analyses docket number, FMCSA–2017–0197, in
and public comments submitted, and Issued on: January 19, 2018. the ‘‘Keyword’’ box and click ‘‘Search.’’
determines whether granting the Larry W. Minor, Next, click the ‘‘Open Docket Folder’’
exemption would likely achieve a level Associate Administrator for Policy. button and choose the document to
of safety equivalent to, or greater than, [FR Doc. 2018–01402 Filed 1–25–18; 8:45 am] review. If you do not have access to the
the level that would be achieved by the BILLING CODE 4910–EX–P internet, you may view the docket
current regulation (49 CFR 381.305). online by visiting the Docket
The decision of the Agency must be Management Facility in Room W12–140
published in the Federal Register (49 DEPARTMENT OF TRANSPORTATION on the ground floor of the DOT West
CFR 381.315(b)) with the reasons for Building, 1200 New Jersey Avenue SE,
denying or granting the application and, Federal Motor Carrier Safety Washington, DC 20590, between 9 a.m.
if granted, the name of the person or Administration and 5 p.m., e.t., Monday through Friday,
class of persons receiving the [Docket No. FMCSA–2017–0197] except Federal holidays.
exemption, and the regulatory provision
II. Legal Basis
from which the exemption is granted. Hours of Service of Drivers: National
The notice must also specify the Asphalt Pavement Association, Inc.; FMCSA has authority under 49 U.S.C.
effective period and explain the terms Application for Exemptions 31136(e) and 31315(b) to grant
and conditions of the exemption. The exemptions from certain Federal Motor
exemption may be renewed (49 CFR AGENCY: Federal Motor Carrier Safety Carrier Safety Regulations (FMCSRs).
381.300(b)). Administration (FMCSA), DOT. FMCSA must publish a notice of each
ACTION: Notice of final disposition; grant exemption request in the Federal
III. Request for Exemption Register (49 CFR 381.315(a)). The
of application for exemptions.
In addition to this exemption request, Agency must provide the public an
applicants have filed a request for a SUMMARY: FMCSA announces its opportunity to inspect the information
delay in ELD enforcement and a request decision to grant the National Asphalt relevant to the application, including
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for an ELD waiver. Those issues are Pavement Association, (Inc.) (NAPA) any safety analyses that have been
being addressed through separate request for exemptions from two conducted. The Agency must also
processes and will not be discussed requirements of the hours-of-service provide an opportunity for public
further in this notice. (HOS) regulations for all drivers of comment on the request.
The applicants request an exemption certain commercial motor vehicles The Agency reviews safety analyses
from the ELD requirements on behalf of (CMVs): (1) The 30-minute rest break and public comments submitted, and
their members (fresh produce shippers provision and (2) the requirement that determines whether granting the
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![Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices 3865
exemption would likely achieve a level provision.1 NAPA states that ‘‘the same support of the requested exemptions
of safety equivalent to, or greater than, reasoning supporting the exemptions were companies, associations, and
the level that would be achieved by the from the 30-minute break time rule and individuals affiliated with the asphalt
current regulation (49 CFR 381.305). allowing a 14-hour daily on duty-period industry.
The decision of the Agency must be for drivers of ready-mixed concrete For example, Nu Rock Asphalt
published in the Federal Register (49 vehicles applies to drivers engaged in Coatings supported the exemptions and
CFR 381.315(b)) with the reasons for the transportation of asphalt and related stated, ‘‘[i]t seems it would be
denying or granting the application and, materials and equipment. Both are advantageous for those involved in
if granted, the name of the person or perishable products that are not useable asphalt work to have HOS regulations in
class of persons receiving the if they are not dropped and spread line with those found in the ready-mix
exemption, and the regulatory provision within a brief delivery window. Because concrete business. We feel this could be
from which the exemption is granted. of this short delivery window, the done without compromising safety.’’
The notice must also specify the routes from the production facility to Wiregrass Construction wrote,
effective period (up to 5 years) and the delivery site for both products are ‘‘[s]ince the ready-mix industry parallels
explain the terms and conditions of the limited to less than 40 miles, and the the asphalt industry in terms of
exemption. The exemption may be time spent actually driving a CMV is operational limitations with highly
renewed (49 CFR 381.300(b)). typically only a few hours per day. Thus perishable, nonhazardous product, it
in both cases, the drivers do not face the seems perfectly logical that the asphalt
III. Request for Exemptions same fatigue factors as drivers of long- industry should be subject to the same
NAPA seeks two exemptions for all haul trucks, and therefore do not pose exemption from the 30 minute break
drivers transporting asphalt and related the same risk of a fatigue-related requirement and 12 hour limit on Short
materials and equipment from the HOS accident as long-haul drivers.’’ Haul Exception.’’
30-minute rest break provision in 49 NAPA requested that the operation of NAPA was among the many
CFR 395.3(a)(3)(ii) and the restriction of certain vehicles and equipment (Water respondents commenting about its
the RODS exception for short-haul Truck, Tack (tar) Distributor, Equipment application and wrote to specifically
operations available to drivers who Hauler and Pick-Sweeper (Street clarify the record and provide
return to their normal work-reporting Sweeper)) be included in the definition additional comment concerning its
location within 12 hours [49 CFR of ‘‘transportation of asphalt and related application. NAPA explained that their
395.1(e)(1)(ii)(A)]. materials and equipment’’ for purposes petition for relief from the specific HOS
NAPA requested the first exemption of these exemptions. requirements were not restricted to
from the HOS rest break provision to NAPA stated in its application that NAPA members and also provided
allow drivers engaged in the drivers would remain subject to the additional rationale to support the need
transportation of asphalt and related HOS regulations and would receive for both exemptions.
materials to use 30 minutes or more of sufficient rest due to the nature of their Four respondents made comments
on-duty ‘‘waiting time’’ to satisfy the operations that limit driving to an about the regulations but took no
requirement for the 30-minute rest average of six to seven hours per day or position on the application. One
break, provided they do not perform any less during the paving season. NAPA individual, Mr. Richard Elliott, wrote, ‘‘I
other work during the break. According believes that granting these exemptions do not oppose them using wait time in
to NAPA, asphalt is a highly perishable would achieve the same level of safety line as the 30 minute rest period but I
product. It is loaded into the delivery provided by the two HOS rules. The do oppose extending any duty hours or
truck at 280–300 degrees Fahrenheit and requested exemptions are for 5 years exceptions.’’
with renewals. A copy of NAPA’s An anonymous respondent and the
begins to cool immediately. If the
application for exemptions is available Advocates for Highway and Auto Safety
asphalt is not delivered and placed on
for review in the docket for this notice. (Advocates) opposed the requested
the paving site within two hours, the
exemptions. Advocates provided several
product hardens and is no longer V. Public Comments reasons for not granting the exemptions.
viscous enough to be useable. Drivers of
On September 7, 2017, FMCSA According to Advocates, ‘‘the
asphalt delivery vehicles typically drive
published notice of this application and Application seeks to exempt an untold
approximately one-third of their
requested public comment (82 FR number of motor cariers and drivers
workday; the rest of their day is spent
42415). The Agency received 70 from safety regulations and provides no
waiting to load or unload their vehicles
comments representing individuals and justification for the exemptions
and in other non-driving duties such as
various transportation interests in requested.’’
paperwork and cleaning their trucks
response to the proposed exemptions.
after each load. VI. FMCSA Decision
The majority of the respondents in
NAPA requested the second FMCSA has evaluated NAPA’s
exemption to allow some drivers to use 1 More precisely, section 5521 of the Fixing application and the public comments
the short-haul RODS exception but with America’s Surface Transportation (FAST) Act, and decided to grant the exemptions.
a 14-hour duty period instead of 12 exempts a ‘‘driver of a ready mixed concrete The Agency believes that all drivers
hours. NAPA advises that while some delivery vehicle’’ from the reporting, recordkeeping,
or documentation requirements under the hours-of- transporting asphalt and related
short-haul drivers will be able to take service regulations if the driver operates within a materials and equipment will likely
advantange of the exception from the 100 air-mile radius of his/her normal work achieve a level of safety that is
30-minute break, other drivers are often reporting location, returns to the work reporting equivalent to or greater than, the level
daltland on DSKBBV9HB2PROD with NOTICES
required to be on duty more than 12 location and is released within 14 hours, and meets
certain other requirements [Pub. L. 114–94, 129 of safety achieved without the
hours in a day and therefore are not Stat. 1312, 1559, Dec. 4, 2015, codified at 49 U.S.C. exemption [49 CFR 381.305(a)].
eligible to use the short-haul exception. 31502(f)]. In addition, FMCSA granted drivers of The first exemption from the HOS 30-
NAPA mentioned that drivers of ready mixed concrete trucks an exemption from the minute break provision will allow
ready-mixed concrete delivery vehicles 30-minute break requirement [80 FR 17819, April
2, 2015], which section 5206(b)(1)(A) of the FAST
drivers engaged in the transportation of
were granted an exemption from the Act required to be made permanent [129 Stat. 1312, asphalt and related materials to use 30
minimum 30-minute rest break 1537]. minutes or more of on-duty ‘‘waiting
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time’’ to satisfy the requirement for the otherwise show that any or all of these Public Participation: These meetings
30-minute rest break, provided they do motor carriers are not achieving the will be open to the public. Members of
not perform any other work during the requisite statutory level of safety should the public who attend in person will
break. The second exemption will allow immediately notify FMCSA. The also be provided an opportunity to make
drivers to use the short-haul RODS Agency will evaluate any information a statement during the meetings.
exception but with a 14-hour duty submitted and, if safety is being Written comments: Persons who wish
period instead of 12 hours. compromised or if the continuation of to submit written comments on the
the exemptions are inconsistent with 49 meetings may submit them to the docket
VII. Terms and Conditions for the in the following ways:
U.S.C. 31315(b)(4) and 31136(e),
Exemption E-Gov website: https://
FMCSA will immediately take steps to
• Drivers must have a copy of this revoke the exemptions of the company www.regulations.gov. This site allows
notice or equivalent signed FMCSA or companies and drivers in question. the public to enter comments on any
exemption document in their possession Issued on: January 19, 2018.
Federal Register notice issued by any
while operating under the terms of the agency.
Cathy F. Gautreaux, Fax: 1–202–493–2251.
exemptions. The exemption document
must be presented to law enforcement Deputy Administrator. Mail: Docket Management Facility;
officials upon request. [FR Doc. 2018–01400 Filed 1–25–18; 8:45 am] U.S. Department of Transportation
• Drivers must return to the work BILLING CODE 4910–EX–P (DOT), 1200 New Jersey Avenue SE,
reporting location and be released from West Building, Room W12–140,
work within 14 consecutive hours. Washington, DC 20590–0001.
DEPARTMENT OF TRANSPORTATION Hand Delivery: Room W12–140 on the
Preemption ground level of the DOT West Building,
In accordance with 49 U.S.C. Pipeline and Hazardous Materials 1200 New Jersey Avenue SE,
31315(d), during the period these Safety Administration Washington, DC, between 9:00 a.m. and
exemptions are in effect, no State shall 5:00 p.m., Monday through Friday,
enforce any law or regulation that [Docket No. PHMSA–2016–0128] except on Federal holidays.
conflicts with or is inconsistent with Instructions: Identify the docket
this exemption with respect to a firm or Pipeline Safety: Meeting of the number PHMSA–2016–0128 at the
person operating under the exemptions. Voluntary Information-Sharing System beginning of your comments. Note that
Working Group all comments received will be posted
Notification to FMCSA without change to https://
AGENCY: Pipeline and Hazardous
Exempt motor carriers must notify Materials Safety Administration www.regulations.gov, including any
FMCSA within 5 business days of any (PHMSA), DOT. personal information provided.
accident (as defined in 49 CFR 390.5), Anyone can search the electronic
ACTION: Notice.
involving any of its CMVs operating form of all comments received into any
under the terms of the exemptions. The SUMMARY: This notice announces a of our dockets by the name of the
notification must include the following public meeting of the Voluntary individual submitting the comment (or
information: Information-Sharing System (VIS) signing the comment, if submitted on
(a) Name of the exemption: ‘‘NAPA’’ Working Group. The VIS Working behalf of an association, business, labor
(b) Name of the operating motor Group will convene to discuss and union, etc.). Therefore, consider
carrier, identify recommendations to establish a reviewing DOT’s complete Privacy Act
(c) Date of the accident, voluntary information-sharing system. Statement in the Federal Register
(d) City or town, and State, in which published on April 11, 2000, (65 FR
DATES: The meeting will be held on
the accident occurred, or closest to the 19477), or view the Privacy Notice at
February 28, 2018, from 8:30 a.m. to
accident scene, https://www.regulations.gov before
5:00 p.m. ET. Members of the public
(e) Driver’s name and license number, submitting comments.
who wish to attend in person should Docket: For docket access or to read
(f) Vehicle number and State license
register no later than February 23, 2018. background documents or comments, go
number,
(g) Number of individuals suffering Individuals requiring accommodations, to https://www.regulations.gov at any
physical injury, such as sign language interpretation or time or to Room W12–140 on the
(h) Number of fatalities, other ancillary aids, may notify PHMSA ground level of the DOT West Building,
(i) The police-reported cause of the by February 23, 2018. For additional 1200 New Jersey Avenue SE,
accident, information, see the ADDRESSES section. Washington, DC, between 9:00 a.m. and
(j) Whether the driver was cited for ADDRESSES: The meeting will be held at 5:00 p.m., Monday through Friday,
violation of any traffic laws, motor a location yet to be determined in the except Federal holidays.
carrier safety regulations, and Washington, DC Metropolitan area. The If you wish to receive confirmation of
(k) The driver’s total driving time and meeting location, agenda and any receipt of your written comments,
total on-duty time period prior to the additional information will be please include a self-addressed,
accident. published on the following VIS Working stamped postcard with the following
Reports filed under this provision Group and registration page at: https:// statement: ‘‘Comments on PHMSA–
shall be emailed to MCPSD@DOT.GOV. primis.phmsa.dot.gov/meetings/ 2016–0128.’’ The docket clerk will date
MtgHome.mtg?mtg=130. The meetings stamp the postcard prior to returning it
daltland on DSKBBV9HB2PROD with NOTICES
Termination will not be webcast; however, to you via the U.S. mail.
FMCSA does not believe the drivers presentations will be available on the
covered by this exemption will meeting website and posted on the E- Privacy Act Statement
experience any deterioration of their Gov website, https:// In accordance with 5 U.S.C. 553(c),
safety record. www.regulations.gov/, under docket the DOT solicits comments from the
Interested parties or organizations number PHMSA–2016–0128 within 30 public to better inform its rulemaking
possessing information that would days following the meeting. process. The DOT posts these
VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 PO 00000 Frm 00194 Fmt 4703 Sfmt 4703 E:\FR\FM\26JAN1.SGM 26JAN1](https://thefederalregister.org/doc/83_FR_3882/page/3.svg)
Document Created: 2018-10-26 10:03:24
Document Modified: 2018-10-26 10:03:24
| 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 final disposition; grant of application for exemptions. | |
| Dates | This exemption is applicable January 26, 2018 and expires January 25, 2023. | |
| Contact | Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; 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 | 83 FR 3864 |
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