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)

Page Range		14227-14229
FR Document		2015-06184

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 Issue 52 (Wednesday, March 18, 2015)

[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

14228 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices

drivers of logging trucks need CDLs, that mills. OTA seeks relief from the 30- exemption must be released from duty
provision will not be discussed here. minute break requirement only when no more than 12 consecutive hours after
In response to the U.S. Court of the ODF is formally restricting logging the time they come on duty following 10
Appeals decision, on October 28, 2013 operations to certain hours of the day consecutive hours off duty. Drivers
(78 FR 64179), FMCSA amended its due to an elevated risk of forest fire. operating under this exemption must
December 27, 2011, final HOS rule to OTA states that during these periods of maintain a record of duty status (‘‘log
provide an exception from the 30- limited operations, CMV drivers book’’) for the days on which they travel
minute rest break requirement for short- employing this exemption would outside a 100 air-mile radius of their
haul drivers who are not required to achieve the same level of safety with normal work reporting location. If an
prepare records of duty status (RODS). this exemption in place as they would individual chose to forego this short-
The Agency also removed regulatory achieve if required to observe the rest- haul exemption either by travelling
text made obsolete by the passing of the break requirement. outside the 100 air-miles or by working
July 1, 2013, compliance date for the CMV enforcement officials in Oregon a 14 hour day instead of the 12 hours
final rule. generally have access to the ODF required by the exemption, he or she
Request for Exemption current roster showing what level of would be required to maintain a logbook
forest protection is in place at any time. for that day and also comply with the
The OTA, a trade association, has When Oregon timber transporters travel 30-minute rest break provision. The
applied for a limited exemption from out of State, they must carry a copy of exemption is limited to the period from
the mandatory rest break requirement of the ODF order reflecting the alert level March 18, 2015 to March 20, 2017.
49 CFR 395.3(a)(3)(ii) on behalf of all at that time, as the exemption terms and
motor carriers and drivers who operate conditions will require. Notification to FMCSA
CMVs to transport logs in interstate Motor carriers must notify FMCSA by
commerce from Oregon forestlands. Public Comments
email addressed to MCPSD@DOT.GOV
Some Oregon timber is transported by On December 10, 2013, FMCSA within 5 business days of any accident
truck to ports for export to other published notice of this application and (as defined in 49 CFR 390.5) that occurs
countries, which is interstate commerce. asked for public comment (78 FR while its driver is operating under the
Some is transported to other States by 74222). Only one comment was terms of this exemption. The
truck, sometimes interlining with rail or received. An international forest notification must include:
water carriers. OTA states that most of products company that conducts Oregon a. Date of the accident,
its members who engage in lumber timber operations supported the
operations have interstate operating b. City or town, and State, in which
application for exemption. the accident occurred, or closest to the
authority. OTA states that the lumber
mills must receive a certain volume of FMCSA Decision accident scene,
logs to remain economically viable. It c. Driver’s name and license number,
FMCSA reviewed OTA’s application
bears noting here, that drivers d. Vehicle number and state license
for exemption and the public comments.
transporting logs from Oregon forests to number,
The Agency believes that limiting the
Oregon lumber mills that are operating timber operations of these CMV drivers e. Number of individuals suffering
in intrastate commerce, and therefore to a fixed 12-hour window will promote physical injury,
not subject to FMCSA jurisdiction or to safety at least as effectively as the 30- f. Number of fatalities,
this exemption. Some of this minute break. These drivers would be g. The police-reported cause of the
transportation to the mills, however, operating like certain short-haul drivers, accident,
does cross State lines and is therefore who are already permitted to follow a h. Whether the driver was cited for
interstate transportation covered by the 12-hour duty period, during which they violation of any traffic laws, motor
Federal regulations. OTA did not are exempt from the break requirement. carrier safety regulations, and
provide a percentage breakdown of These timber-transporting drivers would i. The driver’s total driving time and
those shipments that are in interstate likely achieve a level of safety total on-duty time period at the time of
commerce. equivalent to or greater than the level of the accident.
The OTA has indicated that a safety that would be obtained in the Preemption
substantial number of its drivers qualify absence of the exemption [49 CFR
as short-haul drivers, and thus will not 381.310(c)(5)]. In accordance with 49 U.S.C.
require this exemption. The general 31315(d), during periods that this
HOS rule limits certain short-haul Terms of the Exemption exemption is in effect, no State shall
drivers to a duty day of 12 hours from This is an exemption only from the enforce any law or regulation that
the time they come on duty following 10 30-minute break requirement [49 CFR conflicts with or is inconsistent with
consecutive hours off duty. Nonetheless, 395.3(a)(3)(ii)]. Today’s exemption is this exemption with respect to a firm or
OTA has proposed that all drivers restricted to drivers operating CMVs person operating under the exemption.
employing this exemption be limited by when engaged in interstate logging Termination
its terms to a duty day of no more than transportation originating in forestlands
12 hours. of the State of Oregon during periods in The FMCSA does not believe the
When the risk of fire is high, the which the Oregon Department of safety record of any driver operating
Oregon Department of Forestry (ODF) Forestry (ODOF) imposes Industrial Fire under this exemption will deteriorate.
mstockstill on DSK4VPTVN1PROD with NOTICES

limits logging in the forestland to Precaution Level 3 (IPFL3) on those However, should deterioration in safety
certain hours of the day, such as prior lands, restricting the transportation of occur, FMCSA will take all steps
to 1:00 p.m. OTA states that fire-safety logs in those forests to certain hours of necessary to protect the public interest,
restrictions are often imposed from July the day due to an elevated risk of forest including revocation of the exemption.
to late October and that logging fire.2 Drivers operating under this The FMCSA in its discretion may
operators need all remaining time each revoke the exemption immediately for
day to cut and remove the volume of 2 Neither IFPL 1 nor IFPL 2 restricts the failure to comply with its terms and
timber needed to sustain the lumber transportation of timber. conditions.

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Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 14229

Issued On: March 12, 2015. • Finalize plan/future meetings, if persons, property and mail from any
T.F. Scott Darling III, needed (WG meetings, Plenary point or points in Thailand to any point
Acting Administrator. schedule, PMC meeting) or points in the United States, and
[FR Doc. 2015–06184 Filed 3–17–15; 8:45 am] • Adjourn to working group beyond to the full extent permitted by
BILLING CODE 4910–EX–P
• Working Group Report the Air Transport Agreement of
• Review Plenary action items September 19, 2005 between the
• Approve DO–311A for submission to Government of the United States of
DEPARTMENT OF TRANSPORTATION the PMC America and the Government of the
• Adjourn Kingdom of Thailand (the ‘‘U.S.—
Federal Aviation Administration Attendance is open to the interested Thailand Agreement’’).
public but limited to space availability. Docket Number: DOT–OST–2015–
Nineteenth Meeting: RTCA Special With the approval of the chairman, 0043.
Committee 225, Rechargeable Lithium members of the public may present oral Date Filed: February 26, 2015.
Battery and Battery Systems statements at the meeting. Persons Due Date for Answers, Conforming
wishing to present statements or obtain Applications, or Motion to Modify
AGENCY: Federal Aviation
information should contact the person Scope: March 19, 2015.
Administration (FAA), U.S. Department
listed in the FOR FURTHER INFORMATION Description: Application of 21 Air,
of Transportation (DOT).
CONTACT section. Members of the public LLC requesting a certificate of public
ACTION: Meeting Notice of RTCA Special
may present a written statement to the convenience and necessity authorizing
Committee 225, Rechargeable Lithium committee at any time.
Battery and Battery Systems. it to conduct foreign charter air
Issued in Washington, DC, on March 12, transportation of property and mail with
SUMMARY: The FAA is issuing this notice 2015. large aircraft.
to advise the public of the nineteenth Mohannad Dawoud, Docket Number: DOT–OST–2015–
meeting of the RTCA Special Committee Management Analyst, NextGen, Program 0044.
225, Rechargeable Lithium Battery and Oversight and Administration, Federal Date Filed: February 26, 2015.
Battery Systems. Aviation Administration. Due Date for Answers, Conforming
DATES: The meeting will be held April [FR Doc. 2015–06260 Filed 3–17–15; 8:45 am] Applications, or Motion to Modify
7–9, 2015 from 9:00 a.m.–5:00 p.m. BILLING CODE 4910–13–P Scope: March 19, 2015.
ADDRESSES: The meeting will be held at Description: Application of 21 Air,
RTCA Headquarters, 1150 18th Street LLC requesting a certificate of public
NW., Suite 910, Washington DC 20036. DEPARTMENT OF TRANSPORTATION convenience and necessity authorizing
FOR FURTHER INFORMATION CONTACT: The it to conduct interstate charter air
Office of the Secretary transportation of property and mail with
RTCA Secretariat, 1150 18th Street NW.,
Suite 910, Washington, DC 20036, or by Notice of Applications for Certificates large aircraft.
telephone at (202) 330–0662/(202) 833– of Public Convenience and Necessity Barbara J. Hairston,
9339, fax (202) 833–9434, or Web site at and Foreign Air Carrier Permits Filed Supervisory Dockets Officer, Docket
http://www.rtca.org. In addition, Under Subpart B (formerly Subpart Q) Operations, Federal Register Liaison.
Jennifer Iversen may be contacted During the Week Ending February 28, [FR Doc. 2015–06183 Filed 3–17–15; 8:45 am]
directly at email: jiversen@rtca.org. 2014 BILLING CODE 4910–9X–P
SUPPLEMENTARY INFORMATION: Pursuant
to section 10(a)(2) of the Federal The following Applications for
Advisory Committee Act (Pub. L. 92– Certificates of Public Convenience and
DEPARTMENT OF TRANSPORTATION
463, 5 U.S.C., App.), notice is hereby Necessity and Foreign Air Carrier
given for a meeting of Special Permits were filed under Subpart B Federal Motor Carrier Safety
Committee 225. The agenda will include (formerly Subpart Q) of the Department Administration
the following: of Transportation’s Procedural
Regulations (See 14 CFR 302.201 et. [Docket No. FMCSA–2012–0268]
April 7th seq.). The due date for Answers,
Hours of Service of Drivers: Trailways
• Introductions and administrative Conforming Applications, or Motions to
Companies, Application for Renewal of
items (including DFO & RTCA Modify Scope are set forth below for
each application. Following the Answer Exemption
Statement)
• Review agenda period DOT may process the application AGENCY: Federal Motor Carrier Safety
• Review and approve summary from by expedited procedures. Such Administration (FMCSA), DOT.
the last Plenary procedures may consist of the adoption ACTION: Notice of application for
• Review weekly Working Group of a show-cause order, a tentative order, renewal of exemption; request for
disposition of FRAC comments or in appropriate cases a final order comments.
• Review changes made to DO–311A as without further proceedings.
a result of NTSB recommendations Docket Number: DOT–OST–2015– SUMMARY: FMCSA announces that it has
• Review DO–311A plan 0041. received an application from
• Adjourn to working group Adirondack Trailways, Pine Hill
Date Filed: February 25, 2015.
• Review Plenary action items
mstockstill on DSK4VPTVN1PROD with NOTICES

Due Date for Answers, Conforming Trailways, and New York Trailways
April 8th Applications, or Motion to Modify (‘‘Trailways’’) for a renewal of their
• Review agenda, other actions Scope: March 18, 2015. exemption from the hours-of-service
• Adjourn to working group Description: Application of Asia (HOS) record of duty status (RODs)
• Review Plenary action items Atlantic Airlines Co. Ltd. requesting an provision in 49 CFR 395.8(c). Trailways
exemption and a foreign air carrier currently holds an exemption for the
April 9th permit authorizing it to engage in period of May 31, 2013 to May 31, 2015.
• Review agenda, other actions charter foreign air transportation of FMCSA extended the exemption to

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Document Created: 2018-02-21 09:39:31
Document Modified: 2018-02-21 09:39:31

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of final determination; granting of exemption.
Dates		This limited exemption is effective March 18, 2015 subject to the Terms and Conditions stated herein, and expires March 20, 2017.
FR Citation		80 FR 14227

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

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

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

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration