83 FR 56138 - Hours of Service of Drivers: National Tank Truck Carriers, Massachusetts Motor Transportation Association; Exemption Correction

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 218 (November 9, 2018)

Page Range		56138-56139
FR Document		2018-24551

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

Federal Register, Volume 83 Issue 218 (Friday, November 9, 2018)

[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Pages 56138-56139]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24551]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0270]


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

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

ACTION: Correction of exemption.

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

[[Page 56139]]

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

DATES: The exemption is effective April 9, 2018 and expires on April 
10, 2023.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, please contact Mr. Buz Schultz, FMCSA Driver and Carrier 
Operations Division; Telephone: (202) 366-2718; Email: 
Buz.Schultz@dot.gov.

SUPPLEMENTARY INFORMATION: 

Request for Exemption

    NTTC and MMTA applied for an exemption from the 30-minute rest 
break provision of the hours of service (HOS) rules (49 CFR part 395) 
on behalf of motor carriers and drivers operating tank trucks to 
transport certain petroleum-based products in interstate commerce. The 
tank trucks are normally loaded with products in the morning, and 
deliver the products to three or more service stations during the 
remainder of the duty day. Most of the estimated 38,000 vehicles 
engaged in such transportation each day qualify for the 100 air-mile 
radius exception, but circumstances beyond the control of the motor 
carrier and driver occasionally cause delays in the delivery schedule. 
If a driver cannot complete his or her duty day within the 12-hour 
period specified by the 100 air-mile radius exception, he or she must 
at the first opportunity take a 30-minute rest break. This is 
problematic, however, for tank truck drivers delivering hazardous 
materials (HM). For instance, as a security measure, a motor carrier 
may require that a tank truck transporting certain fuels be attended by 
the driver when the vehicle is stopped, and a driver attending a CMV is 
not off duty as required by the rest-break rule. It is also difficult 
to find safe and secure parking for tank trucks on such short notice.
    On September 26, 2017, FMCSA published notice of the application 
for exemption and asked for public comment (82 FR 44871). The National 
Propane Gas Association (NPGA) submitted a request for the inclusion of 
transporters of propane gas if the exemption were granted. FMCSA 
determined that the level of safety achieved by drivers transporting 
petroleum and propane products under the terms and conditions of the 
exemption, would be equal to, or greater than, the level of safety that 
would be achieved if the drivers were required to take the rest break. 
On April 9, 2018, the Agency granted a limited exemption (83 FR 15221). 
All drivers exercising the exemption must maintain an HOS log and 
complete their duty day within 14 hours. FMCSA inadvertently failed to 
include the products transported by NPGA motor carriers and drivers: 
propane fuels U.N. 1075 and U.N. 1978. This notice corrects that 
oversight. The NTTC and MMTA have advised that they have no objection.
    FMCSA corrects this oversight by amending paragraph 3 of the Terms 
and Conditions published on April 9, 2018. The amendment adds the 
propane fuels U.N. 1075 and U.N. 1978 to the products listed in that 
paragraph. Qualifying drivers transporting these products are entitled 
to the exemption from the 30-minute rest break. The expiration date of 
this exemption remains unchanged: April 10, 2023. The complete Terms 
and Conditions, as amended today, are as follows:

Terms and Conditions of the Exemption

    1. This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) 
is effective April 9, 2018 and expires on April 10, 2023.
    2. This exemption applies when a driver who normally operates under 
the 49 CFR 395.1(e)(1) short-haul exception finds that operational 
issues require him or her to exceed the 12-hour limit of that 
exception. Drivers operating under this exemption must, however, return 
to their work reporting location and be released from duty within 14 
hours of having come on duty following 10 or more consecutive hours off 
duty.
    3. This exemption is limited to motor carriers and drivers engaged 
in the transportation of the following petroleum products: U.N. 1170--
Ethanol, U.N. 1202--Diesel Fuel, U.N. 1203--Gasoline, U.N. 1863--Fuel, 
aviation, turbine engine, U.N. 1993--Flammable liquids, n.o.s. 
(gasoline), U.N. 3475--Ethanol and gasoline mixture, Ethanol and motor 
spirit mixture, or Ethanol and petrol mixture, N.A. 1993--Diesel Fuel 
or Fuel Oil, U.N. 1075 and U.N. 1978--propane fuels.
    4. This exemption is further limited to motor carriers that have an 
FMCSA ``satisfactory'' safety rating or are ``unrated''; motor carriers 
with ``conditional'' or ``unsatisfactory'' safety ratings are 
prohibited from utilizing this exemption.
    5. Drivers must have a copy of this exemption document in their 
possession while operating under the terms of the exemption and must 
present it to law enforcement officials upon request.

Accident Reporting

    Motor carriers employing this exemption must notify FMCSA by email 
addressed to MCPSD@DOT.GOV within 5 business days of any accident (as 
defined in 49 CFR 390.5T) that occurs while its driver is operating 
under the terms of this exemption. The notification must include:
    a. Identifier of the Exemption: ``NTTC,''
    b. Name of operating carrier and USDOT number,
    c. Date of the accident,
    d. City or town, and State, in which the accident occurred, or 
closest to the accident scene,
    e. Driver's name and license number,
    f. Name of co-driver, if any, and license number,
    g. Vehicle number and state license number,
    h. Number of individuals suffering physical injury,
    i. Number of fatalities,
    j. The police-reported cause of the accident,
    k. Whether the driver was cited for violation of any traffic laws 
or motor carrier safety regulations, and
    l. The total driving time and total on-duty time prior to the 
accident.

Safety Oversight

    FMCSA expects the motor carriers and drivers operating under the 
terms and conditions of this exemption to maintain their safety record. 
However, should safety deteriorate, FMCSA will, consistent with the 
statutory requirements of 49 U.S.C. 31315, take all steps necessary to 
protect the public interest. Authorization of the exemption is 
discretionary, and FMCSA will immediately revoke the exemption of any 
motor carrier or driver for failure to comply with the terms and 
conditions of the exemption.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce

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

56138 Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices

49 CFR 391.41(b)(10) if the exemption is and vehicular traffic than exists on VII. Conclusion
likely to achieve an equivalent or greater interstate highways. Faster reaction to Based upon its evaluation of the 12
level of safety than would be achieved traffic and traffic signals is generally exemption applications, FMCSA
without the exemption. The exemption required because distances between exempts the following drivers from the
allows applicants to operate CMVs in them are more compact. These vision requirement, 49 CFR
interstate commerce. FMCSA grants conditions tax visual capacity and 391.41(b)(10), subject to the
exemptions from the FMCSRs for a two- driver response just as intensely as requirements cited above:
year period to align with the maximum interstate driving conditions.
duration of a driver’s medical John A. Edison (GA)
The applicants in this notice have Rodney P. Hains (ND)
certification. driven CMVs with their limited vision
The Agency’s decision regarding these Darryl D. Kelley (TX)
in careers ranging for 3 to 80 years. In Thomas J. Knapp (WA)
exemption applications is based on
the past three years, no drivers were Darrell D. Kropf (CA)
medical reports about the applicants’
involved in crashes, and no drivers were Nathanael Lee (MN)
vision as well as their driving records
convicted of moving violations in John G. Mudd (KY)
and experience driving with the vision Jeffrey Ridenhour (AR)
CMVs. All the applicants achieved a
deficiency. The qualifications, John R. Russ II (NC)
record of safety while driving with their
experience, and medical condition of Gary A. Ulitsch (CT)
each applicant were stated and vision impairment, demonstrating the
likelihood that they have adapted their Casey O. Wootan (MT)
discussed in detail in the September 10, James C. Wright (MN)
2018, Federal Register notice (83 FR driving skills to accommodate their
condition. As the applicants’ ample In accordance with 49 U.S.C. 31136(e)
45750) and will not be repeated in this
driving histories with their vision and 31315, each exemption will be valid
notice.
FMCSA recognizes that some drivers deficiencies are good predictors of for two years from the effective date
do not meet the vision requirement but future performance, FMCSA concludes unless revoked earlier by FMCSA. The
have adapted their driving to their ability to drive safely can be exemption will be revoked if the
accommodate their limitation and projected into the future. following occurs: (1) The person fails to
demonstrated their ability to drive Consequently, FMCSA finds that in comply with the terms and conditions
safely. The 12 exemption applicants each case exempting these applicants of the exemption; (2) the exemption has
listed in this notice are in this category. from the vision requirement in 49 CFR resulted in a lower level of safety than
They are unable to meet the vision 391.41(b)(10) is likely to achieve a level was maintained prior to being granted;
requirement in one eye for various of safety equal to that existing without or (3) continuation of the exemption
reasons, including amblyopia, the exemption. would not be consistent with the goals
enucleation, macular hole, macular scar, and objectives of 49 U.S.C. 31136 and
prosthesis, retinal detachment, and V. Conditions and Requirements 31315.
retinal scar. In most cases, their eye The terms and conditions of the Issued on: November 1, 2018.
conditions were not recently developed. exemption are provided to the Larry W. Minor,
Six of the applicants were either born applicants in the exemption document Associate Administrator for Policy.
with their vision impairments or have and includes the following: (1) Each [FR Doc. 2018–24553 Filed 11–8–18; 8:45 am]
had them since childhood. The six driver must be physically examined BILLING CODE 4910–EX–P
individuals that sustained their vision every year (a) by an ophthalmologist or
conditions as adults have had it for a
optometrist who attests that the vision
range of 3 to 20 years. Although each DEPARTMENT OF TRANSPORTATION
in the better eye continues to meet the
applicant has one eye which does not
standard in 49 CFR 391.41(b)(10) and (b)
meet the vision requirement in 49 CFR Federal Motor Carrier Safety
by a certified Medical Examiner who
391.41(b)(10), each has at least 20/40 Administration
attests that the individual is otherwise
corrected vision in the other eye, and in
physically qualified under 49 CFR [Docket No. FMCSA–2017–0270]
a doctor’s opinion, has sufficient vision
391.41; (2) each driver must provide a
to perform all the tasks necessary to Hours of Service of Drivers: National
copy of the ophthalmologist’s or
operate a CMV. Tank Truck Carriers, Massachusetts
Doctors’ opinions are supported by optometrist’s report to the Medical
Examiner at the time of the annual Motor Transportation Association;
the applicants’ possession of a valid
medical examination; and (3) each Exemption Correction
license to operate a CMV. By meeting
State licensing requirements, the driver must provide a copy of the AGENCY: Federal Motor Carrier Safety
applicants demonstrated their ability to annual medical certification to the Administration (FMCSA), DOT.
operate a CMV, with their limited vision employer for retention in the driver’s
ACTION: Correction of exemption.
in intrastate commerce, even though qualification file, or keep a copy in his/
their vision disqualified them from her driver’s qualification file if he/she is SUMMARY: FMCSA amends its April 9,
driving in interstate commerce. We self-employed. The driver must also 2018, Notice of Final Disposition
believe that the applicants’ intrastate have a copy of the exemption when granting a limited exemption to the
driving experience and history provide driving, for presentation to a duly National Tank Truck Carriers, Inc.
an adequate basis for predicting their authorized Federal, State, or local (NTTC) and the Massachusetts Motor
ability to drive safely in interstate enforcement official. Transport Association, Inc. (MMTA)
khammond on DSK30JT082PROD with NOTICES

commerce. Intrastate driving, like VI. Preemption from the requirement that drivers of
interstate operations, involves commercial motor vehicles (CMVs)
substantial driving on highways on the During the period the exemption is in obtain a 30-minute rest break. The
interstate system and on other roads effect, no State shall enforce any law or Agency granted the limited exemption
built to interstate standards. Moreover, regulation that conflicts with this to drivers of CMVs transporting
driving in congested urban areas exemption with respect to a person specified fuels, and failed to include
exposes the driver to more pedestrian operating under the exemption. propane gas as a specified fuel as

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Document Created: 2018-11-09 03:34:20
Document Modified: 2018-11-09 03:34:20

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		Correction of exemption.
Dates		The exemption is effective April 9, 2018 and expires on April 10, 2023.
Contact		For information concerning this notice, please contact Mr. Buz Schultz, FMCSA Driver and Carrier Operations Division; Telephone: (202) 366-2718; Email: [email protected]
FR Citation		83 FR 56138

83 FR 56138 - Hours of Service of Drivers: National Tank Truck Carriers, Massachusetts Motor Transportation Association; Exemption Correction

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 218 (November 9, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration