WINTER HOME HEATING OIL DELIVERY STATE FLEXIBILITY PROGRAM.

SEC. 346. WINTER HOME HEATING OIL DELIVERY STATE FLEXIBILITY PROGRAM. (a) In General.—After notice and opportunity for comment, the Secretary shall develop and implement a pilot program for the purpose of evaluating waivers of the regulations issued by the Secretary pursuant to sections 31136 and 31502 of title 49, United States Code, relating to maximum on-duty time, and sections 31102 and 31104(j) of such title, relating to the Motor Carrier Safety Assistance Program, to permit any period of 7 or 8 consecutive days to end with the beginning of an off-duty period of 24 or more consecutive hours for the purposes of determining maximum on-duty time for drivers of motor vehicles making intrastate home heating oil deliveries that occur within 100 air miles of a central terminal or distribution point of the delivery of such oil. The Secretary may approve up to 5 States to participate in the pilot program during the winter heating season in the 6-month period beginning on November 1, 1996. (b) Approval Criteria.—The Secretary shall select States to participate in the pilot program upon approval of applications submitted by States to the Secretary. The Secretary shall act on a State’s application within 30 days after the date of its submission. The Secretary may only approve an application of a State under this section if the Secretary finds, at a minimum, that— (1) a substantial number of the citizens of the State rely on home heating oil for heat during winter months; (2) current maximum on-duty time regulations may endanger the welfare of these citizens by impeding timely deliveries of home heating oil; (3) the State will ensure an equal to or greater level of safety with respect to home heating oil deliveries than the level of safety resulting from compliance with the regulations referred to in subsection (a); (4) the State will monitor the safety of home heating oil deliveries while participating in the program; (5) employers of deliverers of home heating oil that will be covered by the program will agree to make all safety data developed from the pilot program available to the State and to the Secretary; 109 STAT. 616 (6) the State will only permit employers of deliverers of home heating oil with satisfactory safety records to be covered by the program; and (7) the State will comply with such other criteria as the Secretary determines are necessary to implement the program consistent with this section. (c) Participation in Program.—Upon approval of an application of a State under this section, the Secretary shall permit the State to participate in the pilot program for an initial period of 15 days during the winter heating season of the State (as determined by the Governor and the Secretary). If, after the last day of such 15-day period, the Secretary finds that a State’s continued participation in the program is consistent with this section and has resulted in no significant adverse impact on public safety and is in the public interest, the Secretary shall extend the State’s participation in the program for periods of up to 30 additional days during such heating season. (d) Suspension From Program.—The Secretary may suspend a State’s participation in the pilot program at any time if the Secretary finds— (1) that the State has not complied with any of the criteria for participation in the program under this section; (2) that a State’s participation in the program has caused a significant adverse impact on public safety and is not in the public interest; or (3) the existence of an emergency. (e) Review by Secretary.—Within 90 days after the completion of the pilot program, the Secretary shall initiate a rulemaking to determine, based in part on the results of the program, whether to— (1) permit a State to grant waivers of the regulations referred to in subsection (a) to motor carriers transporting home heating oil within the borders of the State, subject to such conditions as the Secretary may impose, if the Secretary determines that such waivers by the State meet the conditions in section 31136(e) of title 49, United States Code; or (2) amend the regulations referred to in subsection (a) as may be necessary to provide flexibility to motor carriers delivering home heating oil during winter periods of peak demand. (f) Definition.—In this section, the term “7 or 8 consecutive days” has the meaning such term has under section 345 of this Act.