Hours of Service of Drivers: Trailways Companies, Application for Renewal of Exemption, 14229-14231 [2015-06176]

Download as PDF Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 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 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Nineteenth Meeting: RTCA Special Committee 225, Rechargeable Lithium Battery and Battery Systems Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT). ACTION: Meeting Notice of RTCA Special Committee 225, Rechargeable Lithium Battery and Battery Systems. AGENCY: The FAA is issuing this notice to advise the public of the nineteenth meeting of the RTCA Special Committee 225, Rechargeable Lithium Battery and Battery Systems. DATES: The meeting will be held April 7–9, 2015 from 9:00 a.m.–5:00 p.m. ADDRESSES: The meeting will be held at RTCA Headquarters, 1150 18th Street NW., Suite 910, Washington DC 20036. FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street NW., Suite 910, Washington, DC 20036, or by telephone at (202) 330–0662/(202) 833– 9339, fax (202) 833–9434, or Web site at https://www.rtca.org. In addition, Jennifer Iversen may be contacted directly at email: jiversen@rtca.org. SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92– 463, 5 U.S.C., App.), notice is hereby given for a meeting of Special Committee 225. The agenda will include the following: mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: April 7th • Introductions and administrative items (including DFO & RTCA Statement) • Review agenda • Review and approve summary from the last Plenary • Review weekly Working Group disposition of FRAC comments • Review changes made to DO–311A as a result of NTSB recommendations • Review DO–311A plan • Adjourn to working group • Review Plenary action items April 8th • Review agenda, other actions • Adjourn to working group • Review Plenary action items April 9th • Review agenda, other actions VerDate Sep<11>2014 20:37 Mar 17, 2015 Jkt 235001 • Finalize plan/future meetings, if needed (WG meetings, Plenary schedule, PMC meeting) • Adjourn to working group • Working Group Report • Review Plenary action items • Approve DO–311A for submission to the PMC • Adjourn Attendance is open to the interested public but limited to space availability. With the approval of the chairman, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. Issued in Washington, DC, on March 12, 2015. Mohannad Dawoud, Management Analyst, NextGen, Program Oversight and Administration, Federal Aviation Administration. [FR Doc. 2015–06260 Filed 3–17–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Office of the Secretary Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (formerly Subpart Q) During the Week Ending February 28, 2014 The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation’s Procedural Regulations (See 14 CFR 302.201 et. seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. Docket Number: DOT–OST–2015– 0041. Date Filed: February 25, 2015. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: March 18, 2015. Description: Application of Asia Atlantic Airlines Co. Ltd. requesting an exemption and a foreign air carrier permit authorizing it to engage in charter foreign air transportation of PO 00000 Frm 00160 Fmt 4703 Sfmt 4703 14229 persons, property and mail from any point or points in Thailand to any point or points in the United States, and beyond to the full extent permitted by the Air Transport Agreement of September 19, 2005 between the Government of the United States of America and the Government of the Kingdom of Thailand (the ‘‘U.S.— Thailand Agreement’’). Docket Number: DOT–OST–2015– 0043. Date Filed: February 26, 2015. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: March 19, 2015. Description: Application of 21 Air, LLC requesting a certificate of public convenience and necessity authorizing it to conduct foreign charter air transportation of property and mail with large aircraft. Docket Number: DOT–OST–2015– 0044. Date Filed: February 26, 2015. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: March 19, 2015. Description: Application of 21 Air, LLC requesting a certificate of public convenience and necessity authorizing it to conduct interstate charter air transportation of property and mail with large aircraft. Barbara J. Hairston, Supervisory Dockets Officer, Docket Operations, Federal Register Liaison. [FR Doc. 2015–06183 Filed 3–17–15; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0268] Hours of Service of Drivers: Trailways Companies, Application for Renewal of Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for renewal of exemption; request for comments. AGENCY: FMCSA announces that it has received an application from Adirondack Trailways, Pine Hill Trailways, and New York Trailways (‘‘Trailways’’) for a renewal of their exemption from the hours-of-service (HOS) record of duty status (RODs) provision in 49 CFR 395.8(c). Trailways currently holds an exemption for the period of May 31, 2013 to May 31, 2015. FMCSA extended the exemption to SUMMARY: E:\FR\FM\18MRN1.SGM 18MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 14230 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices include all regular-route passenger carriers and their drivers rather than limiting it to Trailways’ drivers. The renewal of the exemption would allow these drivers to perform their daily duties without having to record entries in the daily log for breaks in driving time of 10 minutes or less. Such activity would not be considered a change of duty status. FMCSA requests public comment on Trailways’ application for exemption. DATES: If granted, this exemption would be effective during the period of May 31, 2015 to May 31, 2017. Comments must be received on or before April 17, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2012–0268 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The online Federal document management system is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as VerDate Sep<11>2014 19:00 Mar 17, 2015 Jkt 235001 described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202–366–4325. Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Trailways’ Application for Exemption The HOS rule in 49 CFR 395.8(c) requires every commercial motor vehicle (CMV) driver to record his or her duty status for each 24-hour period using methods described in that section. Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption from the HOS requirements for up to a 2-year period if it finds such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. The procedures for requesting an exemption (including renewals) are prescribed in 49 CFR part 381. Trailways offers scheduled passengercarrier service throughout New York State and to the nearby Canadian cities of Montreal and Toronto. Trailways and all other regular route passenger carriers and their drivers were granted exemptions for the period May 31, 2013 to May 31, 2015. Trailways’ initial application for relief from the HOS RODs rule was submitted in 2012; a copy of the application is in the docket identified at the beginning of this notice. The 2012 application describes fully the nature of Trailways’ operations. Trailways’ application for a renewal of the exemption is for fixed-route carriers and their drivers who are often away from the controls of the vehicle for less than 10 minutes to assist passengers or make passenger pick-ups and dropoffs along the route. Trailways’ advised that until March 2011 they and other motor carriers had been operating in accordance with a 1996 interpretation of 49 CFR 395.8(c) issued by the Federal Highway Administration (FHWA). The 1996 interpretation allowed regularroute passenger carrier CMV drivers not to record a location entry on the driver’s RODS for non-driving periods of less than 10 minutes. The RODS simply showed the stop as driving time. In March 2011, New York State officials began enforcing the rule literally, requiring that a change in duty status be entered on the log any time the driver PO 00000 Frm 00161 Fmt 4703 Sfmt 4703 leaves the operating controls of the CMV. Trailways was concerned that the violations would have a negative effect on the companies’ and the drivers’ Compliance Safety Accountability ratings, as well as schedules and passenger service because of the delays needed to make the entries. Trailways therefore requested that their drivers with regularly scheduled routes be exempted from changing their duty status from ‘‘driving’’ to ‘‘on-duty not driving’’ when making stops of less than 10 minutes. Trailways noted that the exemption would reduce the amount of total time a driver can drive in a duty period. Without the exemption, the times drivers spend at stops to load passengers, freight, etc. would be logged as on-duty/not driving, increasing the driving time available, but creating an additional administrative distraction every time the driver leaves the controls, regardless of the reason or the limited amount of time away from the vehicle controls. Trailways further advised that its carriers provide flag stops and that having to update the log at each flag stop increases the length of time the motorcoach may delay traffic while waiting for the pick-up and/or discharge of passengers and luggage, and then waiting for the driver to update the log. According to Trailways, in many instances the large number of brief stops will not fit on the log if the driver makes all of the required entries. Trailways noted that the maximum possible driving time would be reduced and that traffic congestion could be reduced. FMCSA believes this would ensure that operations under the exemption would be at least as safe as operations that comply with the requirements on change of duty status. As in 2013, FMCSA would apply the exemption, if granted, to all regularroute for-hire passenger-carrier drivers because they presumably operate in much the same manner as Trailways. Including all such drivers in the exemption will preclude the need for other carries to file identical exemption requests, and will provide for consistent enforcement because the same provisions would be applied to all similar scenarios involving brief stops by drivers of these carriers during their regular-route operations. A copy of Trailways’ exemption application is available for review in the docket for this notice. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA requests public comment on the Trailways’ application for an exemption from certain E:\FR\FM\18MRN1.SGM 18MRN1 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices provisions of the driver’s record of duty status rules in 49 CFR part 395. The Agency will consider all comments received by close of business on April 17, 2015. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will consider to the extent practicable comments received in the public docket after the closing date of the comment period. Extent of the Exemption The exemption would be restricted to drivers employed by Trailways and other regular-route for-hire passengercarrier drivers. Instead of complying with the provisions in 49 CFR 395.8(c), these drivers would be exempted from changing their duty status from ‘‘driving’’ to ‘‘on-duty not driving’’ when making stops of less than 10 minutes. These drivers must comply with all other applicable provisions of the Federal Motor Carrier Safety Regulations (49 CFR parts 350–399). Terms of the Exemption The limited exemption from the HOS RODs requirements of 49 CFR 395.8(c) is proposed to be effective from 12:01 a.m. on May 31, 2015, through 11:59 p.m. on May 31, 2017. Preemption In accordance with 49 U.S.C. 31315(d), during the period this exemption would be in effect, no State may enforce any law or regulation that conflicts with or is inconsistent with the exemption with respect to a firm or person operating under the exemption. mstockstill on DSK4VPTVN1PROD with NOTICES Notification to FMCSA Trailways and other regular-route forhire passenger-carriers would be required to notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5), involving any of the motor carrier’s CMVs 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 driver’s 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, 19:00 Mar 17, 2015 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 11, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–06176 Filed 3–17–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Period of the Exemption VerDate Sep<11>2014 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 MCPSD@dot.gov. Jkt 235001 Federal Motor Carrier Safety Administration [Docket No. FMCSA–2008–0312] Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Lytx, Inc. Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemption; request for comments. AGENCY: FMCSA renews Lytx, Inc.’s (Lytx) (previously DriveCam, Inc.) 1 exemption which allows the placement of video event recorders within the swept area of the windshields on commercial motor vehicles (CMVs). Motor carriers may continue to use the video event recorders mounted in the windshield area to increase safety through (1) identification and remediation of risky driving behaviors such as distracted driving and drowsiness; (2) enhanced monitoring of passenger behavior for CMVs in passenger service; and (3) enhanced collision review and analysis. The Agency has concluded that granting this exemption renewal will maintain a level of safety that is equivalent to or greater than the level of safety achieved without the exemption. However, the Agency requests comments and information on the exemption, especially from anyone SUMMARY: 1 On November 4, 2013, the company changed its name from DriveCam, Inc. to Lytx, Inc.). PO 00000 Frm 00162 Fmt 4703 Sfmt 4703 14231 who believes this standard will not be maintained. DATES: This decision is effective March 18, 2015. Comments must be received on or before April 17, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) number FMCSA–2008– 0312 by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility, U.S. Department of Transportation, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. • Hand Delivery: Ground Floor, Room W12–140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC between 9 a.m. and 5 p.m. e.t., Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and docket number for this notice. For detailed instructions on submitting comments and additional information on the exemption process, see the ‘‘Public Participation’’ heading below. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the ‘‘Privacy Act’’ heading for further information. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov or to Room W12– 140, DOT Building, New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgement that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, MC– E:\FR\FM\18MRN1.SGM 18MRN1

Agencies

[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14229-14231]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06176]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0268]


Hours of Service of Drivers: Trailways Companies, Application for 
Renewal of Exemption

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

ACTION: Notice of application for renewal of exemption; request for 
comments.

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

SUMMARY: FMCSA announces that it has received an application from 
Adirondack Trailways, Pine Hill Trailways, and New York Trailways 
(``Trailways'') for a renewal of their exemption from the hours-of-
service (HOS) record of duty status (RODs) provision in 49 CFR 
395.8(c). Trailways currently holds an exemption for the period of May 
31, 2013 to May 31, 2015. FMCSA extended the exemption to

[[Page 14230]]

include all regular-route passenger carriers and their drivers rather 
than limiting it to Trailways' drivers. The renewal of the exemption 
would allow these drivers to perform their daily duties without having 
to record entries in the daily log for breaks in driving time of 10 
minutes or less. Such activity would not be considered a change of duty 
status. FMCSA requests public comment on Trailways' application for 
exemption.

DATES: If granted, this exemption would be effective during the period 
of May 31, 2015 to May 31, 2017. Comments must be received on or before 
April 17, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2012-0268 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The online Federal document management system 
is available 24 hours each day, 365 days each year. If you want 
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: MCPSD@dot.gov. If you 
have questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Trailways' Application for Exemption

    The HOS rule in 49 CFR 395.8(c) requires every commercial motor 
vehicle (CMV) driver to record his or her duty status for each 24-hour 
period using methods described in that section. Under 49 U.S.C. 31315 
and 31136(e), FMCSA may grant an exemption from the HOS requirements 
for up to a 2-year period if it finds such exemption would likely 
achieve a level of safety that is equivalent to, or greater than, the 
level that would be achieved absent such exemption. The procedures for 
requesting an exemption (including renewals) are prescribed in 49 CFR 
part 381.
    Trailways offers scheduled passenger-carrier service throughout New 
York State and to the nearby Canadian cities of Montreal and Toronto. 
Trailways and all other regular route passenger carriers and their 
drivers were granted exemptions for the period May 31, 2013 to May 31, 
2015. Trailways' initial application for relief from the HOS RODs rule 
was submitted in 2012; a copy of the application is in the docket 
identified at the beginning of this notice. The 2012 application 
describes fully the nature of Trailways' operations.
    Trailways' application for a renewal of the exemption is for fixed-
route carriers and their drivers who are often away from the controls 
of the vehicle for less than 10 minutes to assist passengers or make 
passenger pick-ups and drop-offs along the route. Trailways' advised 
that until March 2011 they and other motor carriers had been operating 
in accordance with a 1996 interpretation of 49 CFR 395.8(c) issued by 
the Federal Highway Administration (FHWA). The 1996 interpretation 
allowed regular-route passenger carrier CMV drivers not to record a 
location entry on the driver's RODS for non-driving periods of less 
than 10 minutes. The RODS simply showed the stop as driving time. In 
March 2011, New York State officials began enforcing the rule 
literally, requiring that a change in duty status be entered on the log 
any time the driver leaves the operating controls of the CMV. Trailways 
was concerned that the violations would have a negative effect on the 
companies' and the drivers' Compliance Safety Accountability ratings, 
as well as schedules and passenger service because of the delays needed 
to make the entries.
    Trailways therefore requested that their drivers with regularly 
scheduled routes be exempted from changing their duty status from 
``driving'' to ``on-duty not driving'' when making stops of less than 
10 minutes.
    Trailways noted that the exemption would reduce the amount of total 
time a driver can drive in a duty period. Without the exemption, the 
times drivers spend at stops to load passengers, freight, etc. would be 
logged as on-duty/not driving, increasing the driving time available, 
but creating an additional administrative distraction every time the 
driver leaves the controls, regardless of the reason or the limited 
amount of time away from the vehicle controls. Trailways further 
advised that its carriers provide flag stops and that having to update 
the log at each flag stop increases the length of time the motorcoach 
may delay traffic while waiting for the pick-up and/or discharge of 
passengers and luggage, and then waiting for the driver to update the 
log. According to Trailways, in many instances the large number of 
brief stops will not fit on the log if the driver makes all of the 
required entries.
    Trailways noted that the maximum possible driving time would be 
reduced and that traffic congestion could be reduced. FMCSA believes 
this would ensure that operations under the exemption would be at least 
as safe as operations that comply with the requirements on change of 
duty status.
    As in 2013, FMCSA would apply the exemption, if granted, to all 
regular-route for-hire passenger-carrier drivers because they 
presumably operate in much the same manner as Trailways. Including all 
such drivers in the exemption will preclude the need for other carries 
to file identical exemption requests, and will provide for consistent 
enforcement because the same provisions would be applied to all similar 
scenarios involving brief stops by drivers of these carriers during 
their regular-route operations.
    A copy of Trailways' exemption application is available for review 
in the docket for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA 
requests public comment on the Trailways' application for an exemption 
from certain

[[Page 14231]]

provisions of the driver's record of duty status rules in 49 CFR part 
395. The Agency will consider all comments received by close of 
business on April 17, 2015. Comments will be available for examination 
in the docket at the location listed under the ADDRESSES section of 
this notice. The Agency will consider to the extent practicable 
comments received in the public docket after the closing date of the 
comment period.

Extent of the Exemption

    The exemption would be restricted to drivers employed by Trailways 
and other regular-route for-hire passenger-carrier drivers. Instead of 
complying with the provisions in 49 CFR 395.8(c), these drivers would 
be exempted from changing their duty status from ``driving'' to ``on-
duty not driving'' when making stops of less than 10 minutes. These 
drivers must comply with all other applicable provisions of the Federal 
Motor Carrier Safety Regulations (49 CFR parts 350-399).

Terms of the Exemption

Period of the Exemption

    The limited exemption from the HOS RODs requirements of 49 CFR 
395.8(c) is proposed to be effective from 12:01 a.m. on May 31, 2015, 
through 11:59 p.m. on May 31, 2017.

Preemption

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

Notification to FMCSA

    Trailways and other regular-route for-hire passenger-carriers would 
be required to notify FMCSA within 5 business days of any accident (as 
defined in 49 CFR 390.5), involving any of the motor carrier's CMVs 
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 driver's 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 
MCPSD@dot.gov.

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 11, 2015.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2015-06176 Filed 3-17-15; 8:45 am]
 BILLING CODE 4910-EX-P