[Federal Register Volume 70, Number 53 (Monday, March 21, 2005)]
[Notices]
[Pages 13568-13570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5491]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2004-19933]


Physical Qualification of Drivers; Medical Examination and 
Certification; Exemption Application--National Cooperative Refinery 
Association and Jayhawk Pipeline, LLC

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA received an application from the National Cooperative 
Refinery Association (``NCRA'') and its affiliate Jayhawk Pipeline, 
LLC, for an exemption from the driver's physical qualification rule 
which requires drivers who operate commercial motor vehicles (CMVs) in 
interstate commerce to be medically examined and certified every 24 
months. NCRA states an exemption is needed to extend the expiration of 
the qualification date up to eight days for 130 of its drivers who were 
qualified to operate a CMV on various dates in April

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of 2004. If granted, an exemption would allow NCRA to schedule its 
drivers' medical examinations in April of 2006, after the expiration of 
their physical qualification certification.

DATES: Comments must be received by April 20, 2005.

ADDRESSES: You may submit comments identified by any of the following 
methods. Please identify your comments by the FMCSA Docket Number 
FMCSA-2004-19933.
     Web Site: http://dms.dot.gov. Follow instructions for 
submitting comments to the docket.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket Management 
Facility, 400 Seventh Street, SW., Plaza level, Washington, DC 20590-
0001.
     Hand Delivery: Plaza level of the Nassif Building, 400 
Seventh Street, SW., Washington, DC, between 9 am and 5 pm, Monday 
through Friday, except Federal Holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    Docket: For access to the Docket Management System (DMS) to read 
background documents or comments received, go to http://dms.dot.gov at 
any time or to the plaza level of the Nassif Building, 400 Seventh 
Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal Holidays. The DMS is available 24 hours each 
day, 365 days each year. If you want us to notify you that we received 
your comments, please include a self-addressed, stamped envelope or 
postcard or print the acknowledgement page that appears after 
submitting comments on-line.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477), or you may visit http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Maggi Gunnels, (202) 366-4001, 
Division of Physical Qualifications, Office of Bus and Truck Standards 
and Operations, FMCSA, 400 Seventh Street, SW., Washington, DC 20590-
0001; e-mail address: [email protected]. Office hours are 
from 7:45 a.m. to 4:15 p.m., et, Monday through Friday, except Federal 
holidays.

SUPPLEMENTARY INFORMATION:

Background

    On December 8, 1998 (63 FR 67600), FMCSA issued an interim final 
rule adding part 381 to the Federal Motor Carrier Safety Regulations 
(FMCSRs) and implementing section 4007 of the Transportation Equity Act 
for the 21st Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107). Section 
4007 of TEA-21 amended 49 U.S.C. 31315 and 31136 concerning waivers and 
exemptions. On August 20, 2004, FMCSA issued a final rule adopting the 
interim regulations in part 381 as final (69 FR 51589).
    The regulations (49 CFR part 381) established the procedures one 
must follow to request waivers and apply for exemptions from the 
FMCSRs, and the procedures that are used to process them. FMCSA must 
publish a notice in the Federal Register for each exemption requested, 
explain that the request has been filed, provide the public with an 
opportunity to inspect the safety analysis and any other relevant 
information known to the agency, and provide an opportunity to comment 
on the request. Prior to granting a request for exemption, FMCSA must 
publish a notice in the Federal Register identifying the person who 
will receive the exemption, the provisions from which the person will 
be exempt, the effective period, and the terms and conditions of the 
exemption. The terms and conditions established by FMCSA must ensure 
that the exemption will likely achieve a level of safety that is 
equivalent to, or greater than, the level that would be achieved by 
complying with the regulation.

NCRA's Request for an Exemption

    The National Cooperative Refinery Association (NCRA) and its 
affiliate, Jayhawk Pipeline, LLC, have requested an exemption from the 
physical qualification of drivers provision at 49 CFR 391.45(b)(1). A 
copy of NCRA's application is in the docket referenced at the beginning 
of this notice. This rule requires that drivers must be medically 
examined and certified as physically qualified every 24 months. FMCSA 
is responsible for administering and enforcing the FMCSRs. NCRA 
complains that the medical examination rule is enforced as 24 months to 
the day in Kansas and Nebraska. It seeks an exemption to extend the 
expiration of the qualification date up to ``eight days'' for 130 of 
its drivers who were qualified to operate a CMV on April 5, 6, 8, 12, 
13, and 14 of 2004. Such relief would allow NCRA to schedule and 
perform its drivers' medical examinations in April of 2006 after their 
physical qualification certification had expired. This means, for 
example, that an employee who was examined and certified on April 5, 
2004, could be scheduled for his/her physical as late as April 13, 
2006. NCRA states the nature of its business is less demanding during 
the first two weeks of each month, thus making it desirable to schedule 
and perform medical examinations during that particular time. NCRA 
opines that medical examinations could also be cancelled due to adverse 
weather, thereby resulting in medical cards expiring if there is not 
some flexibility provided in the expiration date.
    NCRA uses the University of Kansas Medical Center (KU) to perform 
medical examinations. KU provides a mobile service that includes a 
medical team of doctors and nurses who are knowledgeable about DOT and 
OSHA requirements. Before KU was hired, NCRA drivers obtained medical 
examinations from the physician of their choice, usually in rural areas 
of Kansas, Nebraska, and Oklahoma. NCRA states using one medical team 
to perform the medical examinations has proven effective in eliminating 
potential violations.
    NCRA points to Sec.  396.17(c) relating to periodic inspections in 
support of its application. It suggests that if similar language were 
adopted in Sec.  391.45(b)(1), NCRA would not need this exemption. 
Section 396.17(c) states, in part: A motor carrier shall not use a 
commercial motor vehicle unless each component identified in appendix G 
has passed an inspection in accordance with the terms of this section 
at least once during the preceding 12 months and documentation of such 
inspection is on the vehicle.
    Lastly, NCRA claims it would suffer unnecessary economic hardship 
for a minor technical date issue if we do not grant its request.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment from all interested persons on this exemption 
application. All comments received before the close of business on the 
comment closing date shown in the DATES section above will be 
considered and will be available for examination in the docket. 
Comments received after the comment closing date will be filed in the 
public docket and will be considered to the extent possible. However, 
FMCSA may make its decision at any time after the comment period 
closes. FMCSA also will continue to file in the public docket relevant 
information that becomes

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available after the comment closing date. Interested persons should 
continue to examine the docket for new material.

    Issued on: March 14, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05-5491 Filed 3-18-05; 8:45 am]
BILLING CODE 4910-EX-P