[Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)]
[Notices]
[Pages 4372-4376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2089]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration
[FHWA Docket No. MC-96-45]


Winter Home Heating Oil Delivery State Flexibility Program; Hours 
of Service

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of final determination.

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SUMMARY: The FHWA is announcing the implementation of a Winter Home 
Heating Oil Delivery State Flexibility Program for motor carriers 
making intrastate home heating oil deliveries within a 100 air-mile 
radius of a central terminal or distribution point. The FHWA has 
selected the States of Connecticut, New Jersey, New York, and 
Pennsylvania to participate in the program.

DATES: States are authorized to begin granting exemptions under this 
program on January 29, 1997. This authorization expires April 30, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Nathan C. Root, Office of Motor 
Carrier Research and Standards, (202) 366-8759, or Mr. Charles Medalen, 
Office of the Chief Counsel, (202) 366-1354, Federal Highway 
Administration, DOT, 400 Seventh Street, SW., Washington, DC. 20590. 
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through 
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: Section 346 of the National Highway System 
Designation Act of 1995 (NHS Act) (Pub. L. 104-59, 109 Stat. 568, 615, 
November 28, 1995, 49 U.S.C. 31136 note) requires the Secretary of 
Transportation to develop and implement a Winter Home Heating Oil 
Delivery State Flexibility Program (Heating Oil Program). Pursuant to 
the NHS Act, the FHWA published a notice in the Federal Register 
requesting comments on the development and implementation of the 
program and State applications to participate in the program on October 
2, 1996 (61 FR 5146). The program will permit any period of 7 or 8 
consecutive days to end for any driver who has been off-duty for a 
period of 24 or more consecutive hours for the purposes of determining 
maximum on-duty time under 49 CFR 395.3(b) for drivers of vehicles 
making intrastate home heating oil deliveries within 100 air-miles of a 
central terminal or distribution point of the delivery of such oil. The 
NHS Act allows the Secretary to approve up to 5 States to participate 
in the program during the winter heating season beginning November 1, 
1996, without jeopardizing Motor Carrier Safety Assistance Program 
(MCSAP) funding to those States. The State participants were required 
to meet criteria set forth in the NHS Act. This includes having a 
substantial number of citizens relying upon home heating oil, 
indicating the current hours-of-service regulations may endanger the 
welfare of these citizens by impeding timely deliveries of home heating 
oil, and ensuring that participating motor carriers maintain a level of 
safety equal to or greater than that produced by compliance with the 
current regulations through proper monitoring of their safety 
performance and reporting their performance to the FHWA.
    Under the Heating Oil Program, the States will limit participation 
to those motor carriers with commercial motor vehicles (CMVs) that make 
intrastate home heating oil deliveries within a 100 air-mile radius of 
a central terminal or distribution point. The relief provided by 
participating States will be effective for an initial 15-day period. 
Each State will be able to continue in the program unless the FHWA 
finds that a State's continued participation is inconsistent with the 
NHS Act, or until April 30, 1997.
    Comments on all aspects of the program were welcomed. However, the 
FHWA also requested comments on a number of specific issues. Namely, 
the 15-day and 30-day reporting and program extension requirements, the 
definition of a ``substantial number of citizens relying on home 
heating oil,'' and the implementation plan requirements. The comment 
period for the Notice ended November 2, 1996.

Discussion of Comments

    The FHWA received sixteen comments to the notice. The American 
Trucking Association (ATA) and National Tank Truck Carriers, Inc. 
(NTTC), provided comments. Four comments were received from petroleum 
industry associations: the Petroleum Marketers Association of America 
(PMAA), the Empire State Petroleum Association, the Pennsylvania 
Petroleum Association, and the Oil Heat Task Force (OHTF). The 
Wisconsin State Patrol and the Commonwealth of Massachusetts also 
provided comment, as did the Advocates for Highway and Auto Safety 
(AHAS) and two private companies. Applications for participation were 
received from four States. All comments to the docket were in favor of 
the implementation of the Heating Oil Program with the exception of 
those of AHAS and Wisconsin. Massachusetts indicated that a substantial 
number of their citizens rely on home heating oil and that they are 
reviewing the October 2nd notice to determine if it is in the 
Commonwealth's best interest to participate. To date, no application 
from Massachusetts has been received by the FHWA.

Reporting and Program Extension Requirements

    The NHS Act directs the Secretary to select up to 5 States to 
participate in the program for an initial period of 15 days during the 
winter heating season. If the Secretary finds that a State's continued 
participation in the program has not resulted in a significant adverse 
impact upon public safety, the NHS Act directs the Secretary to extend 
the State's participation in the program for periods of up to 30 days. 
Accordingly, the FHWA indicated that it would require each 
participating State to submit a preliminary report of its evaluation of 
carrier performance within 5 days after the initial 15 days. A State's 
participation in the program could be suspended at any time if: (1) The 
State had not complied with any criteria established for participation 
in the program; (2) The motor carriers found eligible by the State were 
causing a significant adverse impact upon public safety; or (3) The 
State elected to end its participation in the program on its own 
initiative.
    The FHWA also indicated that it would require each participating 
State to submit a report of carrier performance within 5 days of the 
close of each 30-day reporting period. In the October 2nd notice, the 
FHWA asked for comments on the requirement that extensions be granted 
to the States after each reporting period, given the fact that program 
participation may be suspended at any time during the program for 
individual carriers or for an entire State. The applications of each 
State that applied for participation included plans for submitting a 
report at the end of the initial 15-day period, and at the end of each 
30-day period for the duration of the program. The ATA and the AHAS 
also provided discussion on this issue.
    The ATA commented that States should periodically report safety 
performance data to the FHWA and suggested a 60-day reporting interval 
to reduce the burdens on the States and the carriers participating in 
the program. The ATA also believed that requiring the FHWA to grant 
extensions to the

[[Page 4373]]

States after each reporting period, thereby enabling the States to 
continue providing the hours-of-service relief to the carriers, would 
add no value to the program or to public safety. ``So long as the 
States have the ability to suspend program involvement of motor 
carriers that fail to meet the established safety performance levels, 
which the Notice clearly indicates they will, a 30-day extension 
requirement is simply unnecessary,'' said the ATA.
    The AHAS commented that the NHS Act allows the FHWA to grant 
extensions for periods less than and up to a maximum of 30 days. The 
AHAS stated:

    We believe that the statutory provision detailing this program 
clearly shows that Congress wanted the agency to keep a tight rein 
on this program and, accordingly, specifically provided for separate 
evaluation on the merits of each extension of time for state 
participation in order to maximize the administrative capabilities 
of the FHWA in ensuring public safety.

    The AHAS further opposes the FHWA granting extensions in full 30-
day increments. The AHAS views the granting of extensions as the FHWA's 
primary safeguard for protecting the public during the program. The 
AHAS was the only commenter to voice the opinion that extensions are 
necessary and should be required.
    The FHWA does not believe it is necessary to require States to 
report to the FHWA in periods of less than 30 days. The States will be 
required to continuously monitor and evaluate motor carrier safety 
performance and have the power to remove program carriers and program 
drivers at any point. As the ATA pointed out, the States would be 
required to submit as many as 8 reports to the FHWA for a 6-month 
project and to constantly monitor motor carrier safety performance. 
Requiring States to report to the FHWA in periods of less than 30 days 
would be an unnecessary burden on all parties involved and provide no 
apparent and demonstrable benefit to public safety. The FHWA does 
recognize that reporting periods of longer than 30 days may not allow 
sufficient consideration of information for effective oversight in 
light of the short duration of the covered season.
    The FHWA does agree with the AHAS's assertion that whether or not 
to approve extensions is a significant control the FHWA may use for 
protecting the public during the program. The definitive safeguard is 
the FHWA's ability at any point to terminate the program in any State. 
Public safety is primarily protected by each State's monitoring 
activities and by the authority of each State to remove any carrier or 
driver from the program at any point or to terminate the program State-
wide at any point.
    Considering these issues, the FHWA is imposing limitations on the 
approval of extensions. The parameters of the program are described 
below. A report will be due to the FHWA from each State within 5 days 
following the initial 15 days of the program, and within 5 days of the 
end of each 30-day reporting period. For the duration of the program, 
motor carriers in each State will be required to promptly report to the 
State the details of any accident in which a program driver is 
involved. If the FHWA has not reviewed the State's report and 
affirmatively extended the program within 72 hours after the report is 
due, the State's program is automatically suspended until approval is 
granted.
    The FHWA will also provide continuous program oversight by 
maintaining close liaison with State personnel evaluating significant 
information as it becomes available. If at any point the FHWA 
determines the program guidelines are not adhered to or the flexibility 
granted by the program results in a significant adverse impact on 
public safety, the FHWA will terminate the program. The FHWA will make 
such decisions on a State-by-State basis.

Definition of ``Substantial Number of Citizens''

    The NHS Act stipulated that, in order to be eligible to participate 
in the Heating Oil Program, a State must have a substantial number of 
citizens who rely on home heating oil for heat during winter months. 
The FHWA proposed in the October 2nd notice to interpret ``a 
substantial number of citizens relying on home heating oil'' to mean 
that at least 20 percent of the households in a State rely on home 
heating oil. The FHWA specifically welcomed comments upon this 
definition. The PMAA and the OHTF both responded that the FHWA should 
consider States with the highest number of citizens relying on heating 
oil rather than, or in addition to, the percentage. Because the FHWA 
received only four applications, it was unnecessary for the FHWA to use 
the highest number of citizens relying on heating oil in addition to 
the percentage of citizens to evaluate each State's ability to meet 
this criteria.
    Each State that submitted an application, plus the Commonwealth of 
Massachusetts, met the 20 percent threshold. No other comments or 
inquiries were received on this definition. Each State that applied to 
the program submitted sufficient information to establish that a 
substantial number of their citizens rely on home heating oil for heat 
during the winter months. The information submitted was based on the 
data presented in the October 2nd notice, derived from residential 
heating oil sales data maintained by the Energy Information 
Administration of the U.S. Department of Commerce, as well as the 
State's own data concerning residential heating oil use.

Implementation Plan Requirements

    The October 2nd notice requested that interested and eligible 
States submit an application that included an implementation plan 
describing the conditions of eligibility for a motor carrier to 
participate. The plan also had to include a discussion of the means 
that a State would employ to monitor the performance of the 
participating carriers, mitigate safety risks, and evaluate the merits 
of the program. The FHWA requested comments on the appropriateness, 
suitability, or burden of these requirements.
    The AHAS expressed concern that the FHWA may be prepared to accept 
``almost any information'' regarding safety impacts and that the 
monitoring approaches were inadequate and inconsistent with 
requirements for scientific studies. No alternative methods for 
monitoring or evaluating the safety performance of participating motor 
carriers were provided in the AHAS comments. The FHWA believes the 
program oversight and controls described herein are adequate to 
safeguard the public against potential abuse. Given the nature of the 
program, the differences in weather patterns and seasonal conditions, 
the consequent multiplicity of variables, and the number and variety of 
participating entities, pure scientific protocols are impossible to 
devise. The FHWA will, however, collect as much relevant information as 
is reasonably possible and evaluate it in a number of ways to ascertain 
whether any safety effects of the limited regulatory relief can be 
identified and attributed.
    The possible safety monitoring approaches identified in the October 
2nd notice (comparing safety performance levels of motor carriers 
during the program to performance in previous winter(s), safety 
performance of other similar industries during the same period, and 
using a study control group among the participating motor carriers) 
were described in broad terms to give the States and the public an idea 
of possible methods that may be utilized by States to monitor and 
evaluate safety performance. The FHWA intended to

[[Page 4374]]

encourage States and the public to propose alternative monitoring 
methods that would ensure public safety and generate data on the merits 
of the program. This program will be run by the States, with little or 
no resources from the FHWA, except for program oversight. Intrastate 
operations are subject to the FHWA's jurisdiction only insofar as MCSAP 
funding may be jeopardized if a participating State does not adopt 
hours-of-service regulations for intrastate operations that are 
equivalent to or compatible with the Federal regulations. Adoption of a 
24-hour re-start would normally constitute an unacceptable variance to 
the regulations under the current Tolerance Guidelines (49 CFR part 
350, App. C). The FHWA has the option of rejecting any application that 
contains insufficient information or inadequate monitoring and 
evaluative strategies or otherwise fails to meet the requirements of 
the NHS Act.

On-Duty Time Regulations Endangering Welfare of Citizens

    Section 346(b)(2) of the NHS Act provides that:

    The Secretary may only approve an application of a State under 
this section if the Secretary finds, at a minimum, that--
* * * * *
    (2) current maximum on-duty time regulations may endanger the 
welfare of these citizens by impeding timely deliveries of home 
heating oil; . . .

    The AHAS commented on this criterion with regard to the FHWA's 
responsibilities in reviewing State applications:

    Accordingly, the Secretary must make a finding sustained by 
ample, credible data and other evidence that there are in fact 
citizens whose safety and health are directly and immediately 
impacted adversely by service failures in making timely deliveries 
of home heating oil as a causal result of hours of service 
constraints in intrastate transportation. Advocates regard this 
evidentiary standard of imminent threats to citizen safety and 
health to require far more than simple, generalized affidavits of 
state officials or of motor carriers. The FHWA in this proposal sets 
forth no criteria whatever for making such a determination of 
whether this public health and safety threat due directly and 
immediately to hours of service constraints in fact exists in any 
applicant state.

    The FHWA does not agree with AHAS's interpretation of the statute. 
The NHS Act requires that a determination be made that current maximum 
on-duty time regulations ``may endanger the welfare'' of citizens by 
impeding timely deliveries. This is a much less stringent criterion 
than AHAS's reading of the NHS Act suggests.
    Several respondents to the docket mentioned that extended periods 
of cold temperatures that occur each winter cause an urgent need for 
home heating oil. In addition, they noted that severe and inclement 
weather conditions, such as ice or heavy snow falls, impede the timely 
delivery of home heating oil to consumers. The FHWA believes that the 
situations described by the applicant States provide sufficient 
evidence for the FHWA to determine that compliance with the hours of 
service requirements may endanger the welfare of citizens who must wait 
longer for delivery of their home heating oil as a result.
    Commenters also cited emergencies declared in response to these 
conditions (49 CFR 390.23) as evidence that current maximum on-duty 
time regulations may endanger the welfare of citizens dependent on home 
heating oil. An emergency declared in accordance with Sec. 390.23 
relieves motor carriers providing emergency relief from compliance with 
all the Federal Motor Carrier Safety Regulations (49 CFR Parts 390 
through 399). It is the FHWA's hope that this program may obviate the 
need to declare emergencies within participating States during the 
current winter heating season.

Participating States

    The FHWA has reviewed and accepted applications submitted by the 
States of Connecticut, New Jersey, New York, and Pennsylvania. The FHWA 
has discussed the applications with each State applicant and slight 
modifications have been made to what was submitted. The FHWA has found 
that these States each meet the participation eligibility criteria 
established by the NHS Act. In separate agreements with the FHWA, each 
State has agreed to abide by the parameters that follow. New York has 
elected to pursue more stringent hours of service relief than the 
statute allows for this program. It has been noted where New York 
deviates from the parameters followed by the other participating 
States.

Parameters of the Heating Oil Program

I. Definitions

    The following definitions have been established for the purposes of 
the Heating Oil Program:
    Accident. Accident is defined as an occurrence involving a CMV 
operating on a public road in commerce which results in: (1) A 
fatality; (2) Bodily injury to a person who, as a result of the injury, 
immediately receives medical treatment away from the scene of the 
accident; or (3) One or more motor vehicles incurring disabling damage 
as a result of the accident, requiring a motor vehicle to be 
transported away from the scene by a tow truck or other motor vehicle. 
This term also includes any unintentional discharge of home heating oil 
that requires the submission of DOT Form F 5800.1 (Rev. 6/89) (see 49 
CFR 171.16). The term accident does not include an occurrence involving 
only boarding or alighting from the stationary motor vehicle delivering 
home heating oil.
    Deliveries of home heating oil. Intrastate deliveries of home 
heating oil to homes within a 100 air-mile radius of a central location 
or distribution point. Deliveries between distribution points are not 
included in this definition.
    Home heating oil. Fuel oil used for heating homes which meets the 
definition of ``Fuel Oil'' in the Hazardous Materials Table in 49 CFR 
172.101, identified as Fuel Oil No. 1, or Fuel Oil No. 2.
    The definition of ``accident'' was taken from 49 CFR 390.5, with 
the addition of any spillage of home heating oil as identified by the 
Hazardous Materials Regulations. The FHWA believes it would be remiss 
not to include data on hazardous materials incidents. The FHWA has a 
responsibility to the safety of the environment as well as to public 
safety, and a change in the frequency of incidents in the loading and 
unloading process may also be considered as an indicator of driver 
fatigue. The definition of ``deliveries of home heating oil'' does not 
include loading delivery trucks from a source outside the participating 
State and delivering the oil only to homes within the participating 
State. Such deliveries are interstate in nature because of their point 
of origin. The definition of ``home heating oil'' was taken from the 
Federal Hazardous Materials Regulations promulgated by the Research and 
Special Programs Administration. The FHWA understands that only Fuel 
Oil No. 1 and No. 2 are used as home heating oil (6 types of fuel oil 
are identified in the Hazardous Materials Table, No. 1, 2, 3, 4, 5 and 
6).

II. Hours-of-Service Flexibility

    Participating States will accept applications from interested and 
eligible motor carriers. As described below, motor carriers that have 
been accepted will be notified by their State and will participate in 
the program until the program terminates or they are removed from the 
program by the participating State.

[[Page 4375]]

    Connecticut, New Jersey, and Pennsylvania will permit motor 
carriers that have been accepted into the program to allow their 
drivers to re-start calculations for the 60-hour and 70-hour rules 
after accumulating at least 24 consecutive hours of off-duty time. New 
York will permit motor carriers that have been accepted into the 
program to allow their drivers to re-start calculations of the 60-hour 
and 70-hour rules after accumulating at least 36 consecutive hours of 
off-duty time. However, total on-duty time must not exceed 75 hours 
during a 7 consecutive day period (rather than 60 hours), or 80 hours 
during an 8 consecutive day period (rather than 70 hours) for carriers 
who operate 7 days a week. If New York determines an ``emergency'' 
exists, the above conditions will apply except the drivers may re-start 
calculations after accumulating at least 24 consecutive hours of off-
duty time. Flexibility granted by States under this program will not 
jeopardize MCSAP funding.
    Drivers who exceed the 100 air-mile radius of a central terminal or 
distribution point, operate CMVs for other motor carriers, or operate 
CMVs for a participating motor carrier in capacities not covered by the 
Heating Oil Program, may not participate in the program. However, if a 
participating driver only occasionally operates a CMV for other motor 
carriers or exceeds the 100 air-mile radius, it is the option of the 
participating State whether to allow the driver to continue 
participating in the program. It is the FHWA's concern that it would be 
difficult to take into account or predict the effect of driving 
experience accumulated outside the scope of this program when 
determining the safety performance of participating drivers and motor 
carriers. Participating drivers must be in full compliance with 49 CFR 
395.3(b) before operating outside the constraints of this program in 
interstate commerce.

III. Motor Carrier Eligibility

    To be eligible to participate:
    (1) Each motor carrier must certify to the State that it is 
actively engaged in making intrastate deliveries of home heating oil 
within a 100 air-mile radius of a central terminal or distribution 
point.
    (2) Each motor carrier must not have received an ``Unsatisfactory'' 
rating from the FHWA, or a similar safety rating from the State, during 
the past 5 years.
    (3) Each motor carrier must certify that it will provide the State 
with timely safety data within close proximity to the end of each 
reporting period. Required safety data includes a roster of drivers 
operating under the program, time cards for each driver, any accident 
reports and/or hazardous materials incident reports pertaining to these 
drivers during the reporting period.
    (4) Each motor carrier must certify that it will comply with all 
applicable regulations relating to the safety of its intrastate 
operations. If an emergency is declared, in accordance with 49 CFR 
390.23, the FHWA requests that each motor carrier continue to abide by 
the conditions of this program. However, if participating motor 
carriers avail themselves of the emergency exemption, they must 
continue to abide by the reporting requirements of this program.
    (5) Each motor carrier must provide to the State accident and 
mileage data for the winter season of each year it has operated since 
the 1993--1994 winter heating season. This information is required for 
States to determine whether motor carrier safety performance during the 
course of this program declines or improves. The FHWA is aware that the 
severity of weather conditions varies from one year to the next. 
However, by collecting data for previous winter seasons, accident rates 
for the upcoming 1996-1997 winter heating season can be compared with 
recent averages.

IV. Monitoring

    Each State will monitor the safety of all drivers participating in 
the program. Participating motor carriers must report each accident to 
the State within 2 days of the accident. When reporting an accident, 
the motor carrier must provide copies of the time cards for the 
previous 7 days for the driver involved. Within 5 days following any 
accident, the motor carrier must submit to the State a brief summary of 
the accident, to be maintained by the State, which includes:

--The date and time of the accident;
--The name and driver license number of the driver;
--The driver's number of hours on-duty on the day of the accident and 
in the period since his last 24-hour off-duty period;
--The number and extent of any injuries and/or damage to property;
--The number of fatalities; and
--Whether and to what extent any heating oil was spilled.

    If data collected by a participating State indicates that the 
safety performance of any participating motor carrier has declined 
since commencement of its participation in the program, the State will 
immediately conduct an investigation. If the State determines that the 
adverse effect on safety was caused by the flexibility afforded under 
the program, the State may elect to suspend individual drivers of a 
motor carrier from participating in the program or the motor carrier as 
a whole. If a State determines that multiple participating motor 
carriers have experienced an adverse change in their safety performance 
as a result of the flexibility afforded by the program, the State may 
terminate the entire program within its jurisdiction. In all cases, the 
State will promptly notify the FHWA of any corrective actions taken and 
the reasons for them.

V. Dates

    The Heating Oil Program will begin on January 29, 1997 and end by 
April 30, 1997, unless otherwise specified by the individual State. 
Each State will report its preliminary findings to the FHWA within 5 
days of the completion of the first 15 days of the program. Each State 
will be able to continue in the program, unless the FHWA finds that a 
State's continued participation in the program is inconsistent with the 
NHS Act, and report program findings to the FHWA within 5 days of each 
30-day reporting period. If the FHWA has not reviewed the State's 
report and affirmatively extended the State's program within 72 hours 
after the report is due, program approval is automatically suspended in 
the reporting State until the FHWA review is completed and approval 
granted.
    The program shall terminate for all States by April 30, 1997. 
Participating States may terminate the program before April 30, 1997, 
but may not extend the program beyond that date. The FHWA may terminate 
a State's participation at any point during the program. Each State may 
terminate a motor carrier's or a driver's participation at any point 
during the program. Each State may also voluntarily terminate its own 
participation at any point during the program.

VI. Reports

    Each State will provide to the FHWA the results of the first 15 
days of the Heating Oil Program within 5 days of the completion of the 
first 15 days program. The report shall include:

--The number of participating carriers
--The number of participating drivers
--A brief summary of any accident that has occurred, in accordance with 
Section IV above;
--The number of participating carriers and/or drivers suspended from 
the program; and
--A preliminary analysis of the safety record of the program to the 
date of the report, based on the State's experience with similar 
operations under the current 60-hour and 70-

[[Page 4376]]

hour rules (such as natural gas or power company service vehicles).

    If the FHWA extends the program beyond the initial 15 days, each 
State will submit a similar report within 5 days at the end of every 
30-day reporting period thereafter. Within 30 days of the conclusion of 
the program (April 30, 1997), each State will compile and report the 
results of the program to the FHWA and include an overall evaluation of 
the program.

VII. Final Evaluation of the Program

    The NHS Act requires the FHWA to conduct an evaluation at the 
conclusion of the program. The principal objective of the evaluation is 
to provide input to a zero-base review of the need for, and the cost 
and benefits of, the hours-of-service regulations as they apply to home 
heating oil delivery operations during the winter months. The NHS Act 
requires the FHWA to initiate a rulemaking, based in part upon the 
results of the program, to determine whether to authorize State-granted 
waivers of the hours-of-service regulations to motor carriers 
transporting home heating oil during the winter months or to amend the 
hours-of-service regulations to provide flexibility to motor carriers 
delivering home heating oil during winter periods of peak demand.

    Authority: 49 U.S.C. 31136(e); National Highway System 
Designation Act, Pub. L. 104-59, Sec. 346, 109 Stat. 568, 615 
(1995); 49 CFR 1.48.

    Issued on: January 17, 1997.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 97-2089 Filed 1-28-97; 8:45 am]
BILLING CODE 4910-22-P