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

Topics:  National Tank Truck Carriers, Massachusetts Motor Transportation Association

Raymond P. Martinez
Federal Motor Carrier Safety Administration
9 November 2018

[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Pages 56138-56139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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