[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Notices]
[Pages 59486-59487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21242]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0175]


Hours of Service of Drivers: National Propane Gas Association; 
Application for Exemption

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

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

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SUMMARY: FMCSA announces that it has received an application from the 
National Propane Gas Association (NPGA) for an exemption to waive 
various hours-of-service (HOS) requirements to enable the propane 
industry to prepare and respond to peak periods of consumer demand 
among residential, agricultural, and commercial consumers in 
anticipation of, during, and to recover from emergency conditions. NPGA 
requests that the exemption apply on a per-driver, per-route basis, and 
that each company that elects to utilize it must maintain appropriate 
documentation to demonstrate the presence of peak consumer demand 
conditions within the scope of the exemption. FMCSA requests public 
comment on the applicant's request for exemption.

DATES: Comments must be received on or before October 31, 2022.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2022-0175 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2022-0175) for this notice. Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy heading 
below.
    Docket: For access to the docket to read background documents or

[[Page 59487]]

comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. To be sure someone is there to help you, 
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets 
Operations.
    Privacy: In accordance with 49 U.S.C. 31315(b), DOT solicits 
comments from the public to better inform its exemption process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice DOT/ALL 14 -FDMS, which can be reviewed at 
https://www.transportation.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA, at (202) 366-2722 or by email at 
[email protected]. If you have questions on viewing or submitting material 
to the docket, contact Dockets Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2022-0175), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number (``FMCSA-2022-0175'') in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on the ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope. FMCSA will consider all comments and material received 
during the comment period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from 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 
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 Agency must 
publish its decision 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 specify the effective period and explain the terms and 
conditions of the exemption. The exemption may be renewed (49 CFR 
381.300(b)).

III. Applicant's Request

    The National Propane Gas Association (NPGA) requests a five-year 
exemption for its member company drivers to extend the 14-hour duty 
period in Sec.  395.3(a)(2) to no more than 17 hours; to extend the 11-
hour driving period in Sec.  395.3(a)(3) to no more than 14 hours, 
following 10 consecutive hours off duty; to waive the 60- and 70-hour 
rules in Sec.  395.3(b) for a period of no more than six consecutive 
days; and a period of six consecutive days may end with the beginning 
of an off-duty period of 34 or more consecutive hours. The exemption 
request is made in order to enable the propane industry to prepare and 
respond to peak periods of consumer demand among residential, 
agricultural, and commercial consumers.
    NPGA is the national trade association of the propane industry with 
a membership of nearly 2,500 companies and 36 State and regional 
associations representing members in all 50 States. Their membership 
includes retail marketers of propane gas who deliver the fuel to the 
end user, propane producers, transporters and wholesalers, and 
manufacturers and distributors of equipment, containers, and 
appliances. NPGA's petition states that, as a result of various 
consumer needs, long- and short-haul propane drivers often reach the 
maximum operating hours-of-service (HOS) ``weekly'' limits within three 
or four days, and subsequently, operations experience reductions in 
available drivers while consumer demand continues. According to NPGA, 
the purpose of their request is to efficiently and safely prepare and 
serve residential, commercial, and agricultural consumers ahead of and 
during peak consumption periods. To clearly define the ``scope'' in its 
application, NPGA provides a brief outline of the terms and conditions 
to apply to those individuals providing propane services for periods of 
peak consumer demand.
    A copy of NPGA's application for exemption is available for review 
in the docket for this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on NPGA's application for an 
exemption from various HOS requirements in 49 CFR 395.3 (a)--(c). All 
comments received before the close of business on the comment closing 
date indicated at the beginning of this notice will be considered and 
will be available for examination in the docket at the location listed 
under the Addresses section of this notice. Comments received after the 
comment closing date will be filed in the public docket and will be 
considered to the extent practicable. In addition to late comments, 
FMCSA will also continue to file, in the public docket, relevant 
information that becomes available after the comment closing date. 
Interested persons should continue to examine the public docket for new 
material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-21242 Filed 9-29-22; 8:45 am]
BILLING CODE 4910-EX-P