80_FR_17882 80 FR 17819 - Hours of Service of Drivers: National Ready Mixed Concrete Association; Application for Exemption; Final Disposition

80 FR 17819 - Hours of Service of Drivers: National Ready Mixed Concrete Association; Application for Exemption; Final Disposition

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 63 (April 2, 2015)

Page Range17819-17821
FR Document2015-07567

FMCSA announces its decision to grant the National Ready Mixed Concrete Association (NRMCA) a limited exemption from the minimum 30- minute rest break provision of the Agency's hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. Under the terms and conditions of this exemption, drivers operating ready-mixed concrete trucks may use 30 minutes or more of on-duty ``waiting time'' to satisfy the requirement for the 30 minute rest break, provided they do not perform any other work during the break. The exemption giving these drivers the same regulatory flexibility that 49 CFR 395.1(q) provides for drivers transporting explosives. The FMCSA has determined that granting these drivers an exemption from the 30-minute rest break requirement is likely to 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 63 (Thursday, April 2, 2015)
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Notices]
[Pages 17819-17821]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07567]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0317]


Hours of Service of Drivers: National Ready Mixed Concrete 
Association; Application for Exemption; Final Disposition

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

ACTION: Notice of final disposition; grant of application for 
exemption.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to grant the National Ready Mixed 
Concrete Association (NRMCA) a limited exemption from the minimum 30-
minute rest break provision of the Agency's hours-of-service (HOS) 
regulations for commercial motor vehicle (CMV) drivers. Under the terms 
and conditions of this exemption, drivers operating ready-mixed 
concrete trucks may use 30 minutes or more of on-duty ``waiting time'' 
to satisfy the requirement for the 30 minute rest break, provided they 
do not perform any other work during the break. The exemption giving 
these drivers the same regulatory flexibility that 49 CFR 395.1(q) 
provides for drivers transporting explosives. The FMCSA has determined 
that granting these drivers an exemption from the 30-minute rest break 
requirement is likely to 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: The exemption is effective from 12:01 a.m., April 2, 2015 
through 11:59 p.m., April 3, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver, and Vehicle 
Safety Standards; Telephone: 202 366-4325. Email: [email protected].

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 the safety analyses and public comments, 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 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 specific 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 of the 
exemption (up to 2 years), and explain the terms and conditions of the 
exemption. The exemption may be renewed (49 CFR 381.300(b)).

[[Page 17820]]

Request for Exemption

    The National Ready Mixed Concrete Association (NRMCA) is an 
industry trade association that represents more than 2,000 member 
companies and subsidiaries that manufacture and deliver ready-mixed 
concrete. They estimate that there are roughly 68,000 drivers of ready-
mixed concrete mixer trucks. According to NRMCA, approximately 5 
percent of ready-mixed concrete deliveries--with around 3,400 drivers--
involve interstate commerce.
    NRMCA requests an exemption from the hours-of-service (HOS) 
regulation pertaining to rest breaks [Sec.  395.3(a)(3)(ii)]. 
Membership in NRMCA would not be required to be eligible for the 
exemption, it would apply industry-wide to all motor carriers and 
drivers operating ready-mixed concrete trucks. NRMCA requests the 
exemption because it states that most concrete-mixer drivers operate 
for at least 8 hours per day; however 10 hours or more per day during 
the busy construction season is common. They indicate that less than 
40% of this time is actual driving time. Furthermore, compliance with 
the 30-minute rest break rule is extremely difficult due to the 
numerous variables associated with delivery (e.g., weather, customer 
readiness, traffic) and becomes even more problematic and burdensome 
while transporting a perishable product during the busy season.
    Mixer drivers take numerous rest breaks throughout each work 
period; however, those breaks are not ``off duty'' under 
interpretations of the Federal regulations and therefore do not count 
as the minimum 30-minute breaks. According to NRMCA, a common example 
of this is a mixer driver merely sitting inside the cab of the truck, 
at the controls, waiting to move the truck into position and unload. 
This very common occurrence within the industry is not considered a 
valid off-duty break under the current regulations and guidance because 
the mixer driver still has ``responsibility for the care and custody of 
the vehicle, its accessories, and any cargo or passengers it may be 
carrying'' (Sec.  395.2 definition of on-duty time.)
    Regarding the Sec.  395.1(e)(1) exemption from the 30-minute rest 
break provision for short-haul carriers, NRMCA added that mixer drivers 
often work past the 12-hour reporting time limit for the exemption, and 
therefore are unable to utilize it. According to NRMCA, when a mixer 
driver is forced to work past the 12-hour reporting time limit, there 
is currently no method to show that a driver intended to comply with 
the 100 air-mile logging exemption and therefore did take or log a 30-
minute break. This causes a ``compliance conundrum'' for the ready-
mixed concrete driver.
    Further details regarding the industry's safety controls can be 
found in the application for exemption, which can be accessed in the 
docket identified at the beginning of this notice. NRMCA asserted that 
granting the exemption would achieve the same level of safety provided 
by the rule because ready-mixed concrete drivers routinely receive 
numerous 10-, 15-, and 20-minute breaks throughout the work day. NRMCA 
claimed that extending one of these breaks to 30 minutes and only 
``attending'' the vehicle during this period would have no negative 
safety impact. NRMCA further added that the ready-mixed concrete 
industry ensures mixer-truck drivers are as safe as possible and 
continues to use practices that emphasize safety. This attention to 
safety is achieved through mandating rigorous training for concrete 
mixer-truck drivers; daily, weekly, monthly, quarterly and annual 
safety checks; and self-imposed random safety audits. The proposed 
exemption would be effective for 2 years, the maximum period allowed by 
Sec.  381.300.

Public Comments

    On August 20, 2013, FMCSA published notice of this application, and 
requested public comment (78 FR 51267). Over 250 comments were 
submitted, with more than 87% in support of the exemption request. 
These comments came mainly from various ready-mixed concrete companies. 
Nine industry trade associations--primarily concrete-related State 
associations--filed comments in support of the NRMCA exemption. Fifteen 
other individuals (drivers, etc.) commented: 11 Favored the exemption 
request; 3 were opposed; and 1 took no position.
    The comments stated that requiring ready-mixed concrete truck 
drivers to comply with the 30-minute rest break provision causes an 
undue hardship on the drivers, the delivery of their product, service 
to their customers, and the bottom-line finances of their company. The 
primary reasons for requesting the exemption were: (1) Concrete mixer 
drivers deliver a perishable product and spend less than 40% of their 
on-duty time driving; (2) industry-wide, mixer drivers on average drive 
14 miles from the ready-mixed concrete plant to the job, do not have 
the fatigue-inducing work conditions long-haul truckers experience; and 
(3) while some concrete mixer drivers will be able to take advantage of 
the exception from the 30-minute break for certain short-haul drivers, 
many drivers often work more than 12 hours in a day, and therefore 
cannot utilize the short-haul exemption.
    Some comments opposed to the NRMCA exemption saw no safety benefit 
in a 30-minute break in the first place, while others believed that 
this segment of the industry should not be granted relief from the 30-
minute break while other industry segments have to comply with the 
rule.

FMCSA Decision

    FMCSA has evaluated NRMCA's application and the public comments and 
decided to grant the exemption. The Agency believes that the exempted 
ready-mixed concrete drivers will likely achieve a level of safety that 
is equivalent to or greater than, the level of safety achieved without 
the exemption [49 CFR 381.305(a)]. It is important to note that the 
Agency is not granting a complete exemption from the 30-minute rest 
break provision required by 49 CFR 395.3(a)(3)(ii). Instead, FMCSA is 
granting an exemption for ready-mixed concrete trucks and drivers who 
remain with the CMV (i.e., wait) while not performing any other work-
related activities. The only subject of the exemption is the duty 
status of the driver while ``waiting'' with the vehicle during a 
required rest break. Like drivers of trucks carrying certain kinds of 
explosives (Sec.  395.1(q)) drivers of ready-mixed concrete trucks will 
be allowed to use 30-minutes on-duty periods in attendance on the 
vehicles, while performing no other work, to meet the requirement for a 
rest break. Therefore, the Agency grants the exemption request subject 
to the terms and conditions in this Federal Register notice.

Terms of the Exemption

    1. Drivers of ready-mixed concrete trucks subject to the 
requirement for a 30-minute rest break in Sec.  395.3(a)(3)(ii) may use 
30 minutes or more of ``waiting time'' to meet the requirements for a 
rest break. ``Waiting time'' means time spent while waiting with the 
CMV at a job site or terminal and performing no other on-duty 
activities during this time.
    2. Drivers must have a copy of this exemption document in their 
possession while operating under the terms of the exemption. The 
exemption document must be presented to law enforcement officials upon 
request.
    3. All motor carriers operating under this exemption must have a 
``Satisfactory'' safety rating with FMCSA, or be ``unrated.'' Motor 
carriers with ``Conditional'' or ``Unsatisfactory''

[[Page 17821]]

FMCSA safety ratings are prohibited from using this exemption.
    4. All motor carriers operating under this exemption must have 
Safety Measurement System (SMS) scores below FMCSA's intervention 
thresholds, as displayed at http://ai.fmcsa.dot.gov/sms/.

Period of the Exemption

    This exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is 
granted for the period from 12:01 a.m., April 2, 2015 through 11:59 
p.m., April 3, 2017.

Extent of the Exemption

    This exemption is limited to the provisions of 49 CFR 
395.3(a)(3)(ii). These drivers must comply with all other applicable 
provisions of the FMCSRs.

Preemption

    In accordance with 49 U.S.C. 31315(d), during the period 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.

Notification to FMCSA

    Any motor carrier utilizing this exemption must notify FMCSA within 
5 business days of any accident (as defined in 49 CFR 390.5), involving 
any of the motor carrier's CMV drivers operating under the terms of 
this exemption. The notification must include the following 
information:
    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 and State of issuance,
    d. Vehicle number and State license plate 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 
or motor carrier safety regulations, and
    i. The driver's total driving time and total on-duty time period 
prior to the accident.
    Reports filed under this provision shall be emailed to 
[email protected].

Termination

    FMCSA does not believe the drivers covered by this exemption will 
experience any deterioration of their safety record. However, should 
this occur, FMCSA will take all steps necessary to protect the public 
interest, including revocation or restriction of the exemption. The 
FMCSA will immediately revoke or restrict the exemption for failure to 
comply with its terms and conditions.

     Issued on: March 26, 2015.
T. F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-07567 Filed 4-1-15; 8:45 am]
BILLING CODE CODE 4910-EX-P



                                                                             Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices                                            17819

                                              The decision of the Agency must be                      views of the roadway, highway signs                   30-minute rest break provision of the
                                              published in the Federal Register (49                   and surrounding traffic due to the fact               Agency’s hours-of-service (HOS)
                                              CFR 381.315(b)) with the reasons for                    that the panoramic windshields                        regulations for commercial motor
                                              denying or granting the application and,                installed on Greyhound’s buses                        vehicle (CMV) drivers. Under the terms
                                              if granted, the name of the person or                   encompass a large percentage of the                   and conditions of this exemption,
                                              class of persons receiving the                          front of buses and extend well above the              drivers operating ready-mixed concrete
                                              exemption, and the regulatory provision                 driver’s sight lines; (2) larger windshield           trucks may use 30 minutes or more of
                                              from which the exemption is granted.                    wipers installed on Greyhound’s buses                 on-duty ‘‘waiting time’’ to satisfy the
                                              The notice must also specify the                        increase the swept area well beyond that              requirement for the 30 minute rest
                                              effective period and explain the terms                  which is recommended by SAE                           break, provided they do not perform any
                                              and conditions of the exemption. The                    International’s guidelines for                        other work during the break. The
                                              exemption may be renewed (49 CFR                        commercial vehicles; and (3) placement                exemption giving these drivers the same
                                              381.300(b)).                                            of video event recorders just below the               regulatory flexibility that 49 CFR
                                              Basis for Renewing Exemption                            larger swept area of the wipers will be               395.1(q) provides for drivers
                                                                                                      well outside of the driver’s useable sight            transporting explosives. The FMCSA
                                                 On March 19, 2008, Greyhound                         lines. In addition, the Agency believes               has determined that granting these
                                              applied for an exemption from 49 CFR                    that the use of video event recorders by              drivers an exemption from the 30-
                                              393.60(e)(1) to allow it to install video               fleets to deter unsafe driving behavior is            minute rest break requirement is likely
                                              event recorders on some or all of its bus               likely to improve the overall level of                to achieve a level of safety equivalent to
                                              fleet. On March 19, 2009, FMCSA                         safety to the motoring public.                        or greater than the level of safety that
                                              published a notice of final disposition                                                                       would be obtained in the absence of the
                                              granting the exemption (74 FR 11807).                   Preemption
                                                                                                                                                            exemption.
                                              On March 22, 2011, FMCSA published                         During the period the exemption is in
                                              a notice of final disposition renewing                                                                        DATES: The exemption is effective from
                                                                                                      effect, no State shall enforce any law or
                                              this exemption until March 20, 2013 (76                 regulation that conflicts with this                   12:01 a.m., April 2, 2015 through 11:59
                                              FR 16034). On March 22, 2013, FMCSA                     exemption with respect to a person                    p.m., April 3, 2017.
                                              published a notice of final disposition                 operating under the exemption.                        FOR FURTHER INFORMATION CONTACT: Mr.
                                              renewing this exemption until March                                                                           Richard Clemente, FMCSA Driver and
                                              20, 2015 (78 FR 17749). The renewal                     Request for Comments                                  Carrier Operations Division; Office of
                                              outlined in this Notice extends the                       FMCSA requests comments from                        Carrier, Driver, and Vehicle Safety
                                              exemption through March 20, 2017.                       parties with data concerning the safety               Standards; Telephone: 202 366–4325.
                                                 FMCSA is not aware of any evidence                   record of buses operated by Greyhound                 Email: MCPSD@dot.gov.
                                              showing that the installation of video                  and equipped with video event                         SUPPLEMENTARY INFORMATION:
                                              event recorders on Greyhound’s buses,                   recorders by May 4, 2015.
                                              in accordance with the conditions of the                  The Agency will evaluate any adverse                Background
                                              original and subsequent exemptions,                     evidence submitted and, if safety is
                                              has resulted in any degradation in                      being compromised or if continuation of                  FMCSA has authority under 49 U.S.C.
                                              safety. FMCSA continues to believe that                 the exemption would not be consistent                 31136(e) and 31315 to grant exemptions
                                              the potential safety gains from the use                 with the goals and objectives of 49                   from certain parts of the Federal Motor
                                              of video event recorders to improve                     U.S.C. 31136(e) and 31315, FMCSA will                 Carrier Safety Regulations. FMCSA must
                                              driver behavior will enhance the overall                take immediate steps to revoke the                    publish a notice of each exemption
                                              level of safety to the motoring public.                 Greyhound exemption.                                  request in the Federal Register (49 CFR
                                                 The exemption is renewed subject to                                                                        381.315(a)). The Agency must provide
                                                                                                        Issued on: March 26, 2015.                          the public an opportunity to inspect the
                                              the requirements that video event
                                                                                                      T. F. Scott Darling, III,                             information relevant to the application,
                                              recorders installed in Greyhound’s
                                              buses be mounted not more than 50 mm                    Chief Counsel.                                        including any safety analyses that have
                                              (2 inches) below the upper edge of the                  [FR Doc. 2015–07636 Filed 4–1–15; 8:45 am]            been conducted. The Agency must also
                                              area swept by the windshield wipers,                    BILLING CODE CODE 4910–EX–P                           provide an opportunity for public
                                              and located outside the driver’s sight                                                                        comment on the request.
                                              lines to the road and highway signs and                                                                          The Agency reviews the safety
                                              signals. The exemption will be valid for                DEPARTMENT OF TRANSPORTATION                          analyses and public comments, and
                                              two years unless rescinded earlier by                                                                         determines whether granting the
                                                                                                      Federal Motor Carrier Safety
                                              FMCSA. The exemption will be                                                                                  exemption would likely achieve a level
                                                                                                      Administration
                                              rescinded if: (1) Greyhound fails to                                                                          of safety equivalent to, or greater than,
                                              comply with the terms and conditions                    [Docket No. FMCSA–2013–0317]                          the level that would be achieved by the
                                              of the exemption; (2) the exemption has                                                                       current regulation (49 CFR 381.305).
                                              resulted in a lower level of safety than                Hours of Service of Drivers: National                 The decision of the Agency must be
                                              was maintained before it was granted; or                Ready Mixed Concrete Association;                     published in the Federal Register (49
                                              (3) continuation of the exemption would                 Application for Exemption; Final                      CFR 381.315(b)) with the reasons for
                                              not be consistent with the goals and                    Disposition                                           denying or granting the application and,
                                              objectives of 49 U.S.C. 31136(e) and                    AGENCY:  Federal Motor Carrier Safety                 if granted, the specific person or class of
                                              31315.                                                  Administration (FMCSA), DOT.                          persons receiving the exemption, and
tkelley on DSK3SPTVN1PROD with NOTICES




                                                 The Agency believes that extending                   ACTION: Notice of final disposition; grant            the regulatory provision from which the
                                              the exemption for another two years                     of application for exemption.                         exemption is granted. The notice must
                                              will likely achieve a level of safety that                                                                    also specify the effective period of the
                                              is equivalent to, or greater than, the                  SUMMARY:  FMCSA announces its                         exemption (up to 2 years), and explain
                                              level of safety achieved without the                    decision to grant the National Ready                  the terms and conditions of the
                                              exemption because (1) the video event                   Mixed Concrete Association (NRMCA) a                  exemption. The exemption may be
                                              recorders will not obstruct drivers’                    limited exemption from the minimum                    renewed (49 CFR 381.300(b)).


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                                              17820                          Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices

                                              Request for Exemption                                   therefore did take or log a 30-minute                 certain short-haul drivers, many drivers
                                                 The National Ready Mixed Concrete                    break. This causes a ‘‘compliance                     often work more than 12 hours in a day,
                                              Association (NRMCA) is an industry                      conundrum’’ for the ready-mixed                       and therefore cannot utilize the short-
                                              trade association that represents more                  concrete driver.                                      haul exemption.
                                                                                                         Further details regarding the                        Some comments opposed to the
                                              than 2,000 member companies and
                                                                                                      industry’s safety controls can be found               NRMCA exemption saw no safety
                                              subsidiaries that manufacture and
                                                                                                      in the application for exemption, which               benefit in a 30-minute break in the first
                                              deliver ready-mixed concrete. They
                                                                                                      can be accessed in the docket identified              place, while others believed that this
                                              estimate that there are roughly 68,000
                                                                                                      at the beginning of this notice. NRMCA                segment of the industry should not be
                                              drivers of ready-mixed concrete mixer
                                                                                                      asserted that granting the exemption                  granted relief from the 30-minute break
                                              trucks. According to NRMCA,
                                                                                                      would achieve the same level of safety                while other industry segments have to
                                              approximately 5 percent of ready-mixed
                                                                                                      provided by the rule because ready-                   comply with the rule.
                                              concrete deliveries—with around 3,400
                                                                                                      mixed concrete drivers routinely receive
                                              drivers—involve interstate commerce.                    numerous 10-, 15-, and 20-minute                      FMCSA Decision
                                                 NRMCA requests an exemption from
                                                                                                      breaks throughout the work day.                          FMCSA has evaluated NRMCA’s
                                              the hours-of-service (HOS) regulation
                                                                                                      NRMCA claimed that extending one of                   application and the public comments
                                              pertaining to rest breaks
                                                                                                      these breaks to 30 minutes and only                   and decided to grant the exemption. The
                                              [§ 395.3(a)(3)(ii)]. Membership in
                                                                                                      ‘‘attending’’ the vehicle during this                 Agency believes that the exempted
                                              NRMCA would not be required to be                       period would have no negative safety
                                              eligible for the exemption, it would                                                                          ready-mixed concrete drivers will likely
                                                                                                      impact. NRMCA further added that the                  achieve a level of safety that is
                                              apply industry-wide to all motor                        ready-mixed concrete industry ensures
                                              carriers and drivers operating ready-                                                                         equivalent to or greater than, the level
                                                                                                      mixer-truck drivers are as safe as                    of safety achieved without the
                                              mixed concrete trucks. NRMCA requests                   possible and continues to use practices
                                              the exemption because it states that                                                                          exemption [49 CFR 381.305(a)]. It is
                                                                                                      that emphasize safety. This attention to              important to note that the Agency is not
                                              most concrete-mixer drivers operate for                 safety is achieved through mandating
                                              at least 8 hours per day; however 10                                                                          granting a complete exemption from the
                                                                                                      rigorous training for concrete mixer-                 30-minute rest break provision required
                                              hours or more per day during the busy                   truck drivers; daily, weekly, monthly,
                                              construction season is common. They                                                                           by 49 CFR 395.3(a)(3)(ii). Instead,
                                                                                                      quarterly and annual safety checks; and               FMCSA is granting an exemption for
                                              indicate that less than 40% of this time                self-imposed random safety audits. The
                                              is actual driving time. Furthermore,                                                                          ready-mixed concrete trucks and drivers
                                                                                                      proposed exemption would be effective                 who remain with the CMV (i.e., wait)
                                              compliance with the 30-minute rest                      for 2 years, the maximum period
                                              break rule is extremely difficult due to                                                                      while not performing any other work-
                                                                                                      allowed by § 381.300.                                 related activities. The only subject of the
                                              the numerous variables associated with
                                              delivery (e.g., weather, customer                       Public Comments                                       exemption is the duty status of the
                                              readiness, traffic) and becomes even                       On August 20, 2013, FMCSA                          driver while ‘‘waiting’’ with the vehicle
                                              more problematic and burdensome                         published notice of this application, and             during a required rest break. Like
                                              while transporting a perishable product                 requested public comment (78 FR                       drivers of trucks carrying certain kinds
                                              during the busy season.                                 51267). Over 250 comments were                        of explosives (§ 395.1(q)) drivers of
                                                 Mixer drivers take numerous rest                     submitted, with more than 87% in                      ready-mixed concrete trucks will be
                                              breaks throughout each work period;                     support of the exemption request. These               allowed to use 30-minutes on-duty
                                              however, those breaks are not ‘‘off duty’’              comments came mainly from various                     periods in attendance on the vehicles,
                                              under interpretations of the Federal                    ready-mixed concrete companies. Nine                  while performing no other work, to meet
                                              regulations and therefore do not count                  industry trade associations—primarily                 the requirement for a rest break.
                                              as the minimum 30-minute breaks.                        concrete-related State associations—                  Therefore, the Agency grants the
                                              According to NRMCA, a common                            filed comments in support of the                      exemption request subject to the terms
                                              example of this is a mixer driver merely                NRMCA exemption. Fifteen other                        and conditions in this Federal Register
                                              sitting inside the cab of the truck, at the             individuals (drivers, etc.) commented:                notice.
                                              controls, waiting to move the truck into                11 Favored the exemption request; 3                   Terms of the Exemption
                                              position and unload. This very common                   were opposed; and 1 took no position.
                                              occurrence within the industry is not                      The comments stated that requiring                    1. Drivers of ready-mixed concrete
                                              considered a valid off-duty break under                 ready-mixed concrete truck drivers to                 trucks subject to the requirement for a
                                              the current regulations and guidance                    comply with the 30-minute rest break                  30-minute rest break in § 395.3(a)(3)(ii)
                                              because the mixer driver still has                      provision causes an undue hardship on                 may use 30 minutes or more of ‘‘waiting
                                              ‘‘responsibility for the care and custody               the drivers, the delivery of their                    time’’ to meet the requirements for a rest
                                              of the vehicle, its accessories, and any                product, service to their customers, and              break. ‘‘Waiting time’’ means time spent
                                              cargo or passengers it may be carrying’’                the bottom-line finances of their                     while waiting with the CMV at a job site
                                              (§ 395.2 definition of on-duty time.)                   company. The primary reasons for                      or terminal and performing no other on-
                                                 Regarding the § 395.1(e)(1) exemption                requesting the exemption were: (1)                    duty activities during this time.
                                              from the 30-minute rest break provision                 Concrete mixer drivers deliver a                         2. Drivers must have a copy of this
                                              for short-haul carriers, NRMCA added                    perishable product and spend less than                exemption document in their possession
                                              that mixer drivers often work past the                  40% of their on-duty time driving; (2)                while operating under the terms of the
                                              12-hour reporting time limit for the                    industry-wide, mixer drivers on average               exemption. The exemption document
tkelley on DSK3SPTVN1PROD with NOTICES




                                              exemption, and therefore are unable to                  drive 14 miles from the ready-mixed                   must be presented to law enforcement
                                              utilize it. According to NRMCA, when                    concrete plant to the job, do not have                officials upon request.
                                              a mixer driver is forced to work past the               the fatigue-inducing work conditions                     3. All motor carriers operating under
                                              12-hour reporting time limit, there is                  long-haul truckers experience; and (3)                this exemption must have a
                                              currently no method to show that a                      while some concrete mixer drivers will                ‘‘Satisfactory’’ safety rating with
                                              driver intended to comply with the 100                  be able to take advantage of the                      FMCSA, or be ‘‘unrated.’’ Motor carriers
                                              air-mile logging exemption and                          exception from the 30-minute break for                with ‘‘Conditional’’ or ‘‘Unsatisfactory’’


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                                                                             Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices                                                 17821

                                              FMCSA safety ratings are prohibited                     necessary to protect the public interest,             Transportation Board, 395 E Street SW.,
                                              from using this exemption.                              including revocation or restriction of the            Washington, DC 20423–0001; and (2)
                                                 4. All motor carriers operating under                exemption. The FMCSA will                             Robert A. Wimbish, Fletcher & Sippel
                                              this exemption must have Safety                         immediately revoke or restrict the                    LLC, 29 North Wacker Drive, Suite 920,
                                              Measurement System (SMS) scores                         exemption for failure to comply with its              Chicago, IL 60606–2832. Replies to the
                                              below FMCSA’s intervention                              terms and conditions.                                 petition are due on or before April 22,
                                              thresholds, as displayed at http://                       Issued on: March 26, 2015.                          2015.
                                              ai.fmcsa.dot.gov/sms/.                                  T. F. Scott Darling, III,
                                                                                                                                                              Persons seeking further information
                                                                                                                                                            concerning discontinuance procedures
                                              Period of the Exemption                                 Chief Counsel.
                                                                                                                                                            may contact the Board’s Office of Public
                                                 This exemption from the                              [FR Doc. 2015–07567 Filed 4–1–15; 8:45 am]
                                                                                                                                                            Assistance, Governmental Affairs, and
                                              requirements of 49 CFR 395.3(a)(3)(ii) is               BILLING CODE CODE 4910–EX–P                           Compliance at (202) 245–0238 or refer
                                              granted for the period from 12:01 a.m.,                                                                       to the full abandonment and
                                              April 2, 2015 through 11:59 p.m., April                                                                       discontinuance regulations at 49 CFR pt.
                                              3, 2017.                                                DEPARTMENT OF TRANSPORTATION                          1152. Questions concerning
                                              Extent of the Exemption                                 Surface Transportation Board                          environmental issues may be directed to
                                                                                                                                                            the Board’s Office of Environmental
                                                This exemption is limited to the                      [Docket No. AB 43 (Sub-No. 190X)]                     Analysis (OEA) at (202) 245–0305.
                                              provisions of 49 CFR 395.3(a)(3)(ii).                                                                         [Assistance for the hearing impaired is
                                              These drivers must comply with all                      Illinois Central Railroad Company—                    available through the Federal
                                              other applicable provisions of the                      Discontinuance of Service                             Information Relay Service (FIRS) at 1–
                                              FMCSRs.                                                 Exemption—in Sangamon and                             800–877–8339.]
                                                                                                      Montgomery Counties, Ill.                               Board decisions and notices are
                                              Preemption
                                                                                                         On March 13, 2015, Illinois Central                available on our Web site at
                                                In accordance with 49 U.S.C.                                                                                ‘‘WWW.STB.DOT.GOV.’’
                                              31315(d), during the period this                        Railroad Company (IC) filed with the
                                              exemption is in effect, no State shall                  Surface Transportation Board (Board) a                  Decided: March 30, 2015.
                                              enforce any law or regulation that                      petition under 49 U.S.C. 10502 for                      By the Board, Rachel D. Campbell,
                                              conflicts with or is inconsistent with                  exemption from the provisions of 49                   Director, Office of Proceedings.
                                              this exemption with respect to a firm or                U.S.C. 10903 to discontinue rail service              Brendetta S. Jones,
                                              person operating under the exemption.                   over approximately 10.75 miles of rail                Clearance Clerk.
                                                                                                      line between milepost 207.25 at Cimic                 [FR Doc. 2015–07558 Filed 4–1–15; 8:45 am]
                                              Notification to FMCSA                                   and milepost 218.0 at Farmersville in                 BILLING CODE CODE 4915–01–P
                                                Any motor carrier utilizing this                      Sangamon and Montgomery Counties,
                                              exemption must notify FMCSA within 5                    Ill.
                                              business days of any accident (as                          IC states that the line includes the               DEPARTMENT OF TRANSPORTATION
                                              defined in 49 CFR 390.5), involving any                 stations of Farmersville and Cimic,
                                              of the motor carrier’s CMV drivers                      although Cimic will remain open north                 Office of the Secretary
                                              operating under the terms of this                       of milepost 207.25. The line traverses
                                                                                                                                                            [Dockets DOT–OST–2014–0097 and DOT–
                                              exemption. The notification must                        U.S. Postal Service Zip Codes 62530,                  OST–2014–0098]
                                              include the following information:                      62533, and 62690.
                                                a. Date of the accident,                                 The interest of railroad employees                 Applications of Jet Aviation Flight
                                                b. City or town, and State, in which                  will be protected by the conditions set               Services, Inc. for Certificate Authority
                                              the accident occurred, or closest to the                forth in Oregon Short Line Railroad–
                                                                                                      Abandonment Portion Goshen Branch                     AGENCY: Department of Transportation.
                                              accident scene,
                                                c. Driver’s name and license number                   Between Firth & Ammon, in Bingham &                   ACTION: Notice of Order to Show Cause
                                              and State of issuance,                                  Bonneville Counties, Idaho, 360 I.C.C.                (Order 2015–3–18) Dockets DOT–OST–
                                                d. Vehicle number and State license                   91 (1979).                                            2014–0097 and DOT–OST–2014–0098
                                              plate number,                                              By issuance of this notice, the Board
                                                                                                      is instituting an exemption proceeding                SUMMARY:   The Department of
                                                e. Number of individuals suffering
                                                                                                      pursuant to 49 U.S.C. 10502(b). A final               Transportation is directing all interested
                                              physical injury,
                                                                                                      decision will be issued by July 1, 2015.              persons to show cause why it should
                                                f. Number of fatalities,
                                                                                                         Because this is a discontinuance                   not issue orders finding Jet Aviation
                                                g. The police-reported cause of the
                                                                                                      proceeding and not an abandonment                     Flight Services, Inc., fit, willing, and
                                              accident,
                                                                                                      proceeding, trail use/rail banking and                able, and awarding it certificates of
                                                h. Whether the driver was cited for
                                                                                                      public use conditions are not                         public convenience and necessity to
                                              violation of any traffic laws or motor
                                                                                                      appropriate.                                          engage in interstate and foreign charter
                                              carrier safety regulations, and
                                                                                                         Any offer of financial assistance                  air transportation of persons, property
                                                i. The driver’s total driving time and
                                                                                                      (OFA) under 49 CFR 1152.27(b)(2) to                   and mail.
                                              total on-duty time period prior to the
                                              accident.                                               subsidize continued rail service will be              DATES: Persons wishing to file
                                                Reports filed under this provision                    due no later than July 11, 2015, or 10                objections should do so no later than
                                              shall be emailed to MCPSD@DOT.GOV.                      days after service of a decision granting             April 10, 2015.
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                      the petition for exemption, whichever                 ADDRESSES: Objections and answers to
                                              Termination                                             occurs sooner. Each offer must be                     objections should be filed in Dockets
                                                FMCSA does not believe the drivers                    accompanied by a $1,600 filing fee. See               DOT–OST–2014–0097 and DOT–OST–
                                              covered by this exemption will                          49 CFR 1002.2(f)(25).                                 2014–0098 and addressed to U.S.
                                              experience any deterioration of their                      All filings in response to this notice             Department of Transportation, Docket
                                              safety record. However, should this                     must refer to Docket No. AB 43 (Sub-No.               Operations, (M–30, Room W12–140),
                                              occur, FMCSA will take all steps                        190X) and must be sent to: (1) Surface                1200 New Jersey Avenue SE., West


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Document Created: 2018-02-21 10:03:38
Document Modified: 2018-02-21 10:03:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition; grant of application for exemption.
DatesThe exemption is effective from 12:01 a.m., April 2, 2015 through 11:59 p.m., April 3, 2017.
ContactMr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver, and Vehicle Safety Standards; Telephone: 202 366-4325. Email: [email protected]
FR Citation80 FR 17819 

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