80 FR 14227 - Hours of Service of Drivers: Oregon Trucking Associations' Application for Exemption

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 52 (March 18, 2015)

FMCSA announces its decision to grant the application of the Oregon Trucking Associations (OTA) for a limited exemption from the Agency's hours-of-service (HOS) regulation requiring commercial motor vehicle (CMV) drivers to take 30-minute rest breaks at specified intervals in their duty day. This exemption is limited to CMV drivers engaged in transporting timber from Oregon forestlands, and further limited to periods of the year in which the Oregon Department of Forestry (ODF) has formally restricted logging operations to certain hours of the day due to an elevated risk of forest fire. FMCSA believes that the rest breaks during these periods of restricted operating hours may reduce the volume of timber that OTA drivers can deliver, affecting the economic viability of the Oregon lumber industry. The Agency grants this limited exemption on condition that these exempt drivers do not drive after the 12th hour of their duty day. The Agency finds that the CMV operations of OTA timber transporters under this limited exemption would likely achieve a level of safety equivalent to or greater than the level of safety that would be obtained in the absence of the exemption.

[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14227-14229]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06184]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0451]


Hours of Service of Drivers: Oregon Trucking Associations' 
Application for Exemption

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

ACTION: Notice of final determination; granting of exemption.

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SUMMARY: FMCSA announces its decision to grant the application of the 
Oregon Trucking Associations (OTA) for a limited exemption from the 
Agency's hours-of-service (HOS) regulation requiring commercial motor 
vehicle (CMV) drivers to take 30-minute rest breaks at specified 
intervals in their duty day. This exemption is limited to CMV drivers 
engaged in transporting timber from Oregon forestlands, and further 
limited to periods of the year in which the Oregon Department of 
Forestry (ODF) has formally restricted logging operations to certain 
hours of the day due to an elevated risk of forest fire. FMCSA believes 
that the rest breaks during these periods of restricted operating hours 
may reduce the volume of timber that OTA drivers can deliver, affecting 
the economic viability of the Oregon lumber industry. The Agency grants 
this limited exemption on condition that these exempt drivers do not 
drive after the 12th hour of their duty day. The Agency finds that the 
CMV operations of OTA timber transporters under this limited exemption 
would likely achieve a level of safety equivalent to or greater than 
the level of safety that would be obtained in the absence of the 
exemption.

DATES: This limited exemption is effective March 18, 2015 subject to 
the Terms and Conditions stated herein, and expires March 20, 2017.

SUPPLEMENTARY INFORMATION: 

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. 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 also 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 may 
grant an exemption subject to specified terms and conditions. The 
decision of the Agency must be published 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 also specify the effective period 
and explain the terms and conditions of the exemption. The exemption 
may be renewed (49 CFR 381.300(b)).
    On December 27, 2011, FMCSA published a final rule establishing 
mandatory rest breaks for CMV drivers (76 FR 81133). Effective July 1, 
2013, drivers may not operate a CMV if 8 hours or more have elapsed 
since the end of the driver's last off-duty or sleeper-berth period of 
at least 30 minutes [49 CFR 395.3(a)(3)(ii)]. FMCSA did not otherwise 
specify when drivers must take the 30-minute break.
    On August 2, 2013, the U.S. Court of Appeals for the District of 
Columbia Circuit issued a decision on petitions for review of the 
Agency's final HOS rule of December 27, 2011.\1\ That rule imposed a 
requirement for a 30-minute rest break for interstate drivers of CMVs. 
The Court upheld the 2011 HOS rule in all respects, except that it 
vacated the break provision applicable to ``short-haul'' drivers. To 
qualify as a short-haul driver, CMV drivers must (1) limit their duty 
day to a maximum of 12 hours, (2) remain within a 100 air-mile radius 
of their point of origin throughout their duty day, and (3) return to 
their work reporting locations at the end of the duty day in (49 CFR 
395.1(e)(1)). The Court also vacated the break provision applicable to 
short-haul drivers who do not need a commercial driver's license (CDL) 
[49 CFR 395.1(e)(2)], but since

[[Page 14228]]

drivers of logging trucks need CDLs, that provision will not be 
discussed here.
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    \1\ American Trucking Associations, Inc. v. Federal Motor 
Carrier Safety Administration, 724 F3d 243 (D.C. Cir. Aug. 2, 2013). 
FMCSA published its response to the Court's opinion at 78 FR 64179 
(October 28, 2013).
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    In response to the U.S. Court of Appeals decision, on October 28, 
2013 (78 FR 64179), FMCSA amended its December 27, 2011, final HOS rule 
to provide an exception from the 30-minute rest break requirement for 
short-haul drivers who are not required to prepare records of duty 
status (RODS). The Agency also removed regulatory text made obsolete by 
the passing of the July 1, 2013, compliance date for the final rule.

Request for Exemption

    The OTA, a trade association, has applied for a limited exemption 
from the mandatory rest break requirement of 49 CFR 395.3(a)(3)(ii) on 
behalf of all motor carriers and drivers who operate CMVs to transport 
logs in interstate commerce from Oregon forestlands. Some Oregon timber 
is transported by truck to ports for export to other countries, which 
is interstate commerce. Some is transported to other States by truck, 
sometimes interlining with rail or water carriers. OTA states that most 
of its members who engage in lumber operations have interstate 
operating authority. OTA states that the lumber mills must receive a 
certain volume of logs to remain economically viable. It bears noting 
here, that drivers transporting logs from Oregon forests to Oregon 
lumber mills that are operating in intrastate commerce, and therefore 
not subject to FMCSA jurisdiction or to this exemption. Some of this 
transportation to the mills, however, does cross State lines and is 
therefore interstate transportation covered by the Federal regulations. 
OTA did not provide a percentage breakdown of those shipments that are 
in interstate commerce.
    The OTA has indicated that a substantial number of its drivers 
qualify as short-haul drivers, and thus will not require this 
exemption. The general HOS rule limits certain short-haul drivers to a 
duty day of 12 hours from the time they come on duty following 10 
consecutive hours off duty. Nonetheless, OTA has proposed that all 
drivers employing this exemption be limited by its terms to a duty day 
of no more than 12 hours.
    When the risk of fire is high, the Oregon Department of Forestry 
(ODF) limits logging in the forestland to certain hours of the day, 
such as prior to 1:00 p.m. OTA states that fire-safety restrictions are 
often imposed from July to late October and that logging operators need 
all remaining time each day to cut and remove the volume of timber 
needed to sustain the lumber mills. OTA seeks relief from the 30-minute 
break requirement only when the ODF is formally restricting logging 
operations to certain hours of the day due to an elevated risk of 
forest fire. OTA states that during these periods of limited 
operations, CMV drivers employing this exemption would achieve the same 
level of safety with this exemption in place as they would achieve if 
required to observe the rest-break requirement.
    CMV enforcement officials in Oregon generally have access to the 
ODF current roster showing what level of forest protection is in place 
at any time. When Oregon timber transporters travel out of State, they 
must carry a copy of the ODF order reflecting the alert level at that 
time, as the exemption terms and conditions will require.

Public Comments

    On December 10, 2013, FMCSA published notice of this application 
and asked for public comment (78 FR 74222). Only one comment was 
received. An international forest products company that conducts Oregon 
timber operations supported the application for exemption.

FMCSA Decision

    FMCSA reviewed OTA's application for exemption and the public 
comments. The Agency believes that limiting the timber operations of 
these CMV drivers to a fixed 12-hour window will promote safety at 
least as effectively as the 30-minute break. These drivers would be 
operating like certain short-haul drivers, who are already permitted to 
follow a 12-hour duty period, during which they are exempt from the 
break requirement. These timber-transporting drivers would likely 
achieve a level of safety equivalent to or greater than the level of 
safety that would be obtained in the absence of the exemption [49 CFR 
381.310(c)(5)].

Terms of the Exemption

    This is an exemption only from the 30-minute break requirement [49 
CFR 395.3(a)(3)(ii)]. Today's exemption is restricted to drivers 
operating CMVs when engaged in interstate logging transportation 
originating in forestlands of the State of Oregon during periods in 
which the Oregon Department of Forestry (ODOF) imposes Industrial Fire 
Precaution Level 3 (IPFL3) on those lands, restricting the 
transportation of logs in those forests to certain hours of the day due 
to an elevated risk of forest fire.\2\ Drivers operating under this 
exemption must be released from duty no more than 12 consecutive hours 
after the time they come on duty following 10 consecutive hours off 
duty. Drivers operating under this exemption must maintain a record of 
duty status (``log book'') for the days on which they travel outside a 
100 air-mile radius of their normal work reporting location. If an 
individual chose to forego this short-haul exemption either by 
travelling outside the 100 air-miles or by working a 14 hour day 
instead of the 12 hours required by the exemption, he or she would be 
required to maintain a logbook for that day and also comply with the 
30-minute rest break provision. The exemption is limited to the period 
from March 18, 2015 to March 20, 2017.
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    \2\ Neither IFPL 1 nor IFPL 2 restricts the transportation of 
timber.
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Notification to FMCSA

    Motor carriers must notify FMCSA by email addressed to 
[email protected] within 5 business days of any accident (as defined in 49 
CFR 390.5) that occurs while its driver is operating under the terms of 
this exemption. The notification must include:
    a. Date of the accident,
    b. City or town, and State, in which the accident occurred, or 
closest to the accident scene,
    c. Driver's name and license number,
    d. Vehicle number and state license number,
    e. Number of individuals suffering physical injury,
    f. Number of fatalities,
    g. The police-reported cause of the accident,
    h. Whether the driver was cited for violation of any traffic laws, 
motor carrier safety regulations, and
    i. The driver's total driving time and total on-duty time period at 
the time of the accident.

Preemption

    In accordance with 49 U.S.C. 31315(d), during periods that this 
exemption is in effect, no State shall enforce any law or regulation 
that conflicts with or is inconsistent with this exemption with respect 
to a firm or person operating under the exemption.

Termination

    The FMCSA does not believe the safety record of any driver 
operating under this exemption will deteriorate. However, should 
deterioration in safety occur, FMCSA will take all steps necessary to 
protect the public interest, including revocation of the exemption. The 
FMCSA in its discretion may revoke the exemption immediately for 
failure to comply with its terms and conditions.


[[Page 14229]]


    Issued On: March 12, 2015.
T.F. Scott Darling III,
Acting Administrator.
[FR Doc. 2015-06184 Filed 3-17-15; 8:45 am]
BILLING CODE 4910-EX-P