Hours of Service of Drivers: National Tank Truck Carriers and Massachusetts Motor Transportation Association; Application for Exemption

Topics:  National Tank Truck Carriers, Massachusetts Motor Transport Association

Cathy F. Gautreaux
Federal Motor Carrier Safety Administration
9 April 2018

[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15221-15222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07189]



[[Page 15221]]

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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 and 
Massachusetts Motor Transportation Association; Application for 
Exemption

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

ACTION: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant the application of the 
National Tank Truck Carriers, Inc. (NTTC) and the Massachusetts Motor 
Transport Association, Inc. (MMTA) for an exemption from the 
requirement that drivers of commercial motor vehicles (CMVs) obtain a 
30-minute rest break. The exemption is limited to CMV drivers engaged 
in the transportation of specified types of petroleum-based fuels who 
would otherwise have to observe the rest break when their duty day 
unexpectedly exceeds 12 hours. FMCSA has analyzed the exemption 
application and public comments and has determined that the exemption, 
subject to the terms and conditions imposed, will achieve a level of 
safety that is equivalent to, or greater than, the level that would be 
achieved absent such exemption.

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: 

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 Agency's hours of service (HOS) rules require most interstate 
drivers to maintain a record of duty status (RODS), or log, on board 
the CMV in accordance with 49 CFR part 395. However, the ``100 air-mile 
radius exception'' 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 are released from work within 12 hours (49 CFR 
395.1(e)(1)). Further, drivers qualifying for the 100 air-mile 
exception are not subject to the 30-minute rest break requirement of 
HOS regulations (49 CFR 395.3(a)(3)(ii)).

Request for Exemption

    NTTC and MMTA applied for an exemption from the 30-minute rest 
break provision 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 on rare occasions, they do not. 
Circumstances beyond the control of the motor carrier and driver 
periodically cause delays in the delivery schedule. The applicants 
outlined the concerns they have with interrupting delivery of hazardous 
materials (HM) in order for the driver to take the required 30-minute 
rest break. 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 
considered off duty as required by the rest-break rule. Attendance is 
not required by regulation except for transporters of certain 
explosives [49 CFR 395.1(q)].

Public Comments

    On September 26, 2017, FMCSA published notice of the application 
for exemption and asked for public comment (82 FR 44871). The Agency 
received nine comments from the public, four in favor of the 
application and five in opposition. The American Trucking Associations 
was in favor, citing the similarity of these operations to other HM 
transporters that previously were granted a more-limited exemption from 
the rest-break requirement. The Transportation Trades Department (AFL-
CIO) and the International Association of Firefighters opposed the NTTC 
application. They believe that allowing these drivers to operate CMVs 
without a rest break imposes unnecessary risks upon the motoring 
public. They believe that the risks outweigh the difficulties inherent 
in tank truck drivers going off duty for 30 consecutive minutes.

FMCSA Decision

    FMCSA has evaluated the application for an exemption and the public 
comments submitted. Few comments opposed the application and none 
directly addressed the regulatory difficulties confronted by tank-truck 
carriers and drivers transporting these petroleum-based fuels. The 
Agency finds the arguments in favor of the exemption persuasive and 
grants a limited exemption that the Agency can review at any time the 
safety performance of these operations requires. We have tailored the 
terms and conditions of the exemption carefully to relieve the 
regulatory difficulties without opening the door to abuse of the HOS 
rules.
    FMCSA grants this exemption because it finds that the level of 
safety achieved by this industry operating 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. These drivers receive several short ``breaks'' 
each day when they unload product at service stations. While the 
exemption will allow these drivers to operate beyond the 12th hour, 
they will still have to complete their duty day before the 14-hour 
limit by which most CMV drivers are governed. In addition, these 
drivers will be required to maintain an HOS log in accordance with 49 
CFR part 395, as required of all CMV drivers who find during a duty day 
that they are not qualified for the 100 air-mile radius exception.

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Terms and Conditions of the Exemption

    1. This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) 
is granted for the period from April 9, 2018 through 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, and N.A. 1993--Diesel 
Fuel or Fuel Oil.
    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

    Exempt motor carriers 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

    Consistent with 49 U.S.C. 31315(d), this exemption preempts 
inconsistent State or local requirements applicable to interstate 
commerce.

    Issued on: March 30, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-07189 Filed 4-6-18; 8:45 am]
 BILLING CODE 4910-EX-P