81 FR 17548 - Hours of Service of Drivers: Oregon Trucking Associations (OTA) Exemption; FAST Act Extension of Compliance Date

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 60 (March 29, 2016)

Page Range		17548-17549
FR Document		2016-07041

FMCSA announces the extension of the exemption granted to the Oregon Trucking Associations (OTA) on March 18, 2015, for certain timber operations in Oregon. The Agency extends the expiration date from March 18, 2017 to March 18, 2020 in response to section 5206(b)(2)(A) of the ``Fixing America's Surface Transportation Act'' (FAST Act). That section extends the expiration date of hours-of- service (HOS) exemptions in effect on the date of enactment of the FAST Act to 5 years from the date of issuance of the exemptions. The OTA exemption from the Agency's 30-minute rest break requirement is limited to commercial motor vehicle (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. The Agency previously determined that the CMV operations of OTA timber transporters under this 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 81 Issue 60 (Tuesday, March 29, 2016)

[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Notices]
[Pages 17548-17549]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07041]


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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 (OTA) 
Exemption; FAST Act Extension of Compliance Date

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

ACTION: Notice of final determination; extension of existing exemption 
date.

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SUMMARY: FMCSA announces the extension of the exemption granted to the 
Oregon Trucking Associations (OTA) on March 18, 2015, for certain 
timber operations in Oregon. The Agency extends the expiration date 
from March 18, 2017 to March 18, 2020 in response to section 
5206(b)(2)(A) of the ``Fixing America's Surface Transportation Act'' 
(FAST Act). That section extends the expiration date of hours-of-
service (HOS) exemptions in effect on the date of enactment of the FAST 
Act to 5 years from the date of issuance of the exemptions. The OTA 
exemption from the Agency's 30-minute rest break requirement is limited 
to commercial motor vehicle (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. The Agency previously determined that the 
CMV operations of OTA timber transporters under this 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 from March 18, 2015, through 
March 18, 2020.

SUPPLEMENTARY INFORMATION:

Legal Basis

    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)].
    Section 5206(b)(2)(A) of the FAST Act requires FMCSA to extend any 
exemption from any provision of the HOS regulations under 49 CFR part 
395 that was in effect on the date of enactment of the Act to a period 
of 5 years from the date the exemption was granted. The exemption may 
be renewed. Because this action merely implements a statutory mandate 
that took effect on the date of enactment of the FAST Act, notice and 
comment are not required.

OTA Exemption

    The OTA, a trade association, 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.
    FMCSA reviewed OTA's application and the public comments and 
concluded that limiting the timber operations of these CMV drivers to a 
fixed 12-hour window would promote safety at least as effectively as 
the 30-minute break. These drivers operate like certain short-haul 
drivers, who are already permitted to follow a 12-hour duty period, 
during which they are

[[Page 17549]]

exempt from the break requirement. A Notice of Final Determination 
granting the OTA exemption was published on March 18, 2015 [80 FR 
14227].
    The substance of the exemption is not affected by this extension. 
The exemption covers only the 30-minute break requirement [49 CFR 
395.3(a)(3)(ii)]. The exemption is restricted to drivers operating CMVs 
engaged in interstate logging originating in Oregon forestlands 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 to certain hours of the day because of an 
elevated risk of forest fire.\1\ 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. They 
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 to 
comply with the 30-minute rest break provision.
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    \1\ Neither IFPL 1 nor IFPL 2 restricts the transportation of 
timber.
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    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 has the authority to terminate the exemption at any time the 
Agency has the data/information to conclude that safety is being 
compromised.

    Issued on: March 23, 2016.
T. F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-07041 Filed 3-28-16; 8:45 am]
 BILLING CODE 4910-EX-P

17548 Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices

Public Law 111–212, all information 0006 by July 1, 2016. To the extent Transportation Act’’ (FAST Act). That
posted in the designated integrity and practicable, FHWA will consider late- section extends the expiration date of
performance system on or after April 15, filed comments. hours-of-service (HOS) exemptions in
2011, except past performance reviews effect on the date of enactment of the
2. Protection of Confidential Business
required for Federal procurement Information FAST Act to 5 years from the date of
contracts, will be publicly available. issuance of the exemptions. The OTA
To the extent practicable, all exemption from the Agency’s 30-minute
c. Reporting to the Secretary information submitted as part of or in rest break requirement is limited to
Per section 6020(h) of the FAST Act, support of any application shall use commercial motor vehicle (CMV)
not later than 1 year after the date on publicly available data or data that can drivers engaged in transporting timber
which the first eligible entity receives be made public and methodologies that from Oregon forestlands, and further
an STSFA grant, and each year are accepted by industry practice and limited to periods of the year in which
thereafter, every recipient shall submit a standards. If the application includes the Oregon Department of Forestry
report to the Secretary that describes: information the applicant considers to (ODF) has formally restricted logging
(1) How the demonstration activities be a trade secret or confidential operations to certain hours of the day
carried out with grant funds meet the commercial or financial information, the due to an elevated risk of forest fire. The
objectives of the STSFA program; and applicant should do the following: (1) Agency previously determined that the
(2) Lessons learned for future Note on the front cover that the CMV operations of OTA timber
deployment of alternative revenue submission ‘‘Contains Confidential transporters under this exemption
mechanisms that utilize a user fee Business Information (CBI);’’ (2) mark would likely achieve a level of safety
structure. each affected page ‘‘CBI;’’ and (3) equivalent to or greater than the level of
highlight or otherwise denote the CBI safety that would be obtained in the
G. Federal Awarding Agency Contacts portions. The DOT protects such absence of the exemption.
For further information or questions information from disclosure to the
DATES: This limited exemption is
concerning this notice, please contact extent allowed under applicable law. In
the event DOT receives a Freedom of effective from March 18, 2015, through
the FHWA via email at STSFA@dot.gov. March 18, 2020.
For questions about the STSFA program Information Act (FOIA) request, it will
follow the procedures described in its SUPPLEMENTARY INFORMATION:
discussed herein, contact Mr. Robert
Arnold, Director, FHWA Office of FOIA regulations at 49 CFR 7.17. Only Legal Basis
Transportation Management, telephone information that is ultimately
determined to be confidential under that FMCSA has authority under 49 U.S.C.
202–366–1285, or via email at
procedure will be exempt from 31136(e) and 31315 to grant exemptions
Robert.Arnold@dot.gov. A TDD is
disclosure under FOIA. from certain parts of the Federal Motor
available at 202–366–3993.
Carrier Safety Regulations. FMCSA must
Additionally, the DOT will regularly Authority: Section 6020 of the Fixing
America’s Surface Transportation Act (FAST
publish a notice of each exemption
post answers to questions, requests for
Act) (Pub. L. 114–94). request in the Federal Register [49 CFR
clarification, and information about
381.315(a)].
Webinars for further guidance at Issued on: March 23, 2016.
Section 5206(b)(2)(A) of the FAST Act
http://www.grants.gov/. Gregory G. Nadeau, requires FMCSA to extend any
H. Other Information Administrator, Federal Highway exemption from any provision of the
Administration. HOS regulations under 49 CFR part 395
1. Public Comment [FR Doc. 2016–07045 Filed 3–28–16; 8:45 am] that was in effect on the date of
The STSFA program is funded BILLING CODE 4910–22–P enactment of the Act to a period of 5
through FY 2020. This notice solicits years from the date the exemption was
applications for FY 2016 only. Because granted. The exemption may be
this is the first year implementing the DEPARTMENT OF TRANSPORTATION renewed. Because this action merely
STSFA program, FHWA invites implements a statutory mandate that
Federal Motor Carrier Safety
interested parties to submit comments took effect on the date of enactment of
Administration
about this notice’s contents, the FAST Act, notice and comment are
implementation choices within the legal [Docket No. FMCSA–2013–0451] not required.
bounds of the program, and suggestions
for clarification in future STSFA Hours of Service of Drivers: Oregon OTA Exemption
solicitations. The FHWA seeks input on Trucking Associations (OTA) The OTA, a trade association, applied
whether the information requested in Exemption; FAST Act Extension of for a limited exemption from the
applications is reasonable and clear and Compliance Date mandatory rest break requirement of 49
if additional merit criteria should be AGENCY: Federal Motor Carrier Safety CFR 395.3(a)(3)(ii) on behalf of all motor
considered. The FHWA may consider Administration (FMCSA), DOT. carriers and drivers who operate CMVs
the submitted comments and ACTION: Notice of final determination; to transport logs in interstate commerce
suggestions when developing extension of existing exemption date. from Oregon forestlands.
subsequent STSFA notices and program FMCSA reviewed OTA’s application
guidance, but they will not affect the SUMMARY: FMCSA announces the and the public comments and
mstockstill on DSK4VPTVN1PROD with NOTICES

program’s evaluation and selection extension of the exemption granted to concluded that limiting the timber
process for FY 2016 awards. the Oregon Trucking Associations operations of these CMV drivers to a
Applications or comments about (OTA) on March 18, 2015, for certain fixed 12-hour window would promote
specific projects should not be timber operations in Oregon. The safety at least as effectively as the 30-
submitted to the docket. Any Agency extends the expiration date from minute break. These drivers operate like
application submitted to the document March 18, 2017 to March 18, 2020 in certain short-haul drivers, who are
will not be reviewed. Comments should response to section 5206(b)(2)(A) of the already permitted to follow a 12-hour
be sent to Docket Number FHWA–2016– ‘‘Fixing America’s Surface duty period, during which they are

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Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices 17549

exempt from the break requirement. A Catalog of Federal Domestic Assistance should initiate the process by registering
Notice of Final Determination granting (CFDA) Number: 20.514 on the GRANTS.GOV Web site promptly
the OTA exemption was published on ACTION: Notice of funding opportunity to ensure completion of the application
March 18, 2015 [80 FR 14227]. (NOFO): solicitation of project proposals process before the submission deadline.
The substance of the exemption is not for Rides to Wellness Demonstration Instructions for applying can be found
affected by this extension. The and Innovative Coordinated Access and on FTA’s Web site at http://
exemption covers only the 30-minute Mobility Grants. www.fta.dot.gov/grants/15066.html and
break requirement [49 CFR in the ‘‘FIND’’ module of
395.3(a)(3)(ii)]. The exemption is SUMMARY: The Federal Transit GRANTS.GOV. Mail and fax
restricted to drivers operating CMVs Administration (FTA) announces the submissions will not be accepted.
availability of approximately $5.3
engaged in interstate logging originating FOR FURTHER INFORMATION CONTACT:
in Oregon forestlands during periods in million of funding from two programs to
Danielle Nelson, FTA Office of Program
which the Oregon Department of support the Rides to Wellness
Management, 202–366–2160, or
Forestry (ODOF) imposes Industrial Fire Demonstration and Innovative
Danielle.Nelson@dot.gov.
Precaution Level 3 (IPFL3) on those Coordinated Access and Mobility Grants
lands, restricting the transportation of (R2W Demonstration Grants). The Table Of Contents
logs to certain hours of the day because funding sources are: Section 3006(b) of A. Program Description
of an elevated risk of forest fire.1 Drivers the Fixing America’s Surface B. Federal Award Information
operating under this exemption must be Transportation Act (FAST), Pub. L. 114– C. Eligibility Information
released from duty no more than 12 94, which authorizes a pilot program for D. Application and Submission Information
consecutive hours after the time they innovative coordinated access and E. Application Review Information
come on duty following 10 consecutive mobility; and 49 U.S.C. 5312 (Section F. Federal Award Administration
5312). G. Federal Awarding Agency Contact
hours off duty. They must maintain a
record of duty status (‘‘log book’’) for the The goal of the competitive R2W
A. Program Description
Demonstration Grants is to find and test
days on which they travel outside a 100 FTA announces the availability of
promising, replicable public
air-mile radius of their normal work funding from two programs to support
transportation healthcare access
reporting location. If an individual the R2W Demonstration Grants. The
solutions that support the following
chose to forego this short-haul funding sources are: Section 3006(b) of
goals: increased access to care,
exemption either by travelling outside the FAST Act, which authorizes a pilot
improved health outcomes and reduced
the 100 air-miles or by working a 14 program for innovative coordinated
healthcare costs. Eligible applicants
hour day instead of the 12 hours access and mobility; and the 49 U.S.C.
include: States, Tribes, and Designated
required by the exemption, he or she 5312 Research Program.
or Direct Recipients for funds under 49
would be required to maintain a logbook Current changes in the healthcare
U.S.C. 5307, 5310 or 5311. Proposers
for that day and also to comply with the must serve as the lead agency of a local industry, from the passage of the
30-minute rest break provision. consortium that includes stakeholders Affordable Care Act to the increasing
The FMCSA does not believe the focus on preventive care, present an
from the transportation, healthcare,
safety record of any driver operating opportunity for public transportation to
human service or other sectors.
under this exemption will deteriorate. address transportation-related
Members of this consortium are eligible
However, should deterioration in safety challenges to reduce healthcare costs,
as subrecipients. Further, proposers
occur, FMCSA will take all steps increase access to care and improve
must demonstrate that the proposed
necessary to protect the public interest, project was planned through an health outcomes for people. The
including revocation of the exemption. inclusive process with the involvement healthcare industry’s increasing focus
The FMCSA has the authority to of the transportation, healthcare and on prevention and other improvements
terminate the exemption at any time the human service industries. Eligible to the effectiveness and efficiency of
Agency has the data/information to projects must have implementation- care has resulted in an increased
conclude that safety is being ready capital and operating projects that understanding of the value of
compromised. enhance access, such as: mobility partnerships between health and
Issued on: March 23, 2016. management; health and transportation transportation.
T. F. Scott Darling, III, provider partnerships; technology; and R2W Demonstration Grants are part of
Acting Administrator. other actions that drive change. These a series of activities to support FTA’s
[FR Doc. 2016–07041 Filed 3–28–16; 8:45 am] R2W Demonstration Grants will develop Rides to Wellness Program (R2W
BILLING CODE 4910–EX–P
best practice solutions that other Program). The R2W Program seeks to
communities can replicate. address challenges for the transportation
This announcement is available on disadvantaged in getting access to
DEPARTMENT OF TRANSPORTATION the FTA Web site at: http:// healthcare, such as getting to the doctor,
www.fta.dot.gov/legislation_law/ returning home from a hospital
Federal Transit Administration federal_register_notices.php. A synopsis procedure; getting to rehabilitation
of this funding opportunity will be services; getting to behavioral health
Rides to Wellness Demonstration and posted in the FIND module of the services; getting to the pharmacy; and
Innovative Coordinated Access and government-wide electronic grants Web getting to free health screenings. Across
Mobility Grants site at http://www.GRANTS.GOV. FTA
mstockstill on DSK4VPTVN1PROD with NOTICES

the country, communities are
AGENCY: Federal Transit Administration will announce final selections on the experimenting with ways to overcome
(FTA), DOT. FTA Web site and may also announce barriers to these essential services by
Funding Opportunity Number: FTA– selections in the Federal Register. leveraging partnerships across
2015–012–TPM–RTW DATES: Complete proposals must be transportation, health, and wellness
submitted electronically through the providers.
1 Neither IFPL 1 nor IFPL 2 restricts the GRANTS.GOV ‘‘APPLY’’ function by Through the R2W Demonstration
transportation of timber. May 31, 2016. Prospective applicants Grants, FTA will fund projects with

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Document Created: 2016-03-30 08:29:07
Document Modified: 2016-03-30 08:29:07

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; extension of existing exemption date.
Dates		This limited exemption is effective from March 18, 2015, through March 18, 2020.
FR Citation		81 FR 17548

81 FR 17548 - Hours of Service of Drivers: Oregon Trucking Associations (OTA) Exemption; FAST Act Extension of Compliance Date

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 60 (March 29, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration