Hours of Service of Drivers: Oregon Trucking Associations' Application for Exemption, 14227-14229 [2015-06184]

Download as PDF Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices no crashes and no convictions for moving violations in a CMV. III. Public Participation and Request for Comments Issued on: March 12, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–06179 Filed 3–17–15; 8:45 am] BILLING CODE 4910–EX–P FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to https://www.regulations.gov and put the docket number FMCSA–2014–0304 in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may change this notice based on your comments. mstockstill on DSK4VPTVN1PROD with NOTICES Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov and insert the docket number FMCSA–2014–0304 in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ button and choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. VerDate Sep<11>2014 19:00 Mar 17, 2015 Jkt 235001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0451] Hours of Service of Drivers: Oregon Trucking Associations’ Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final determination; granting of exemption. AGENCY: FMCSA announces its decision to grant the application of the Oregon Trucking Associations (OTA) for a limited exemption from the Agency’s hours-of-service (HOS) regulation requiring commercial motor vehicle (CMV) drivers to take 30-minute rest breaks at specified intervals in their duty day. This exemption is limited to CMV drivers engaged in transporting timber from Oregon forestlands, and further limited to periods of the year in which the Oregon Department of Forestry (ODF) has formally restricted logging operations to certain hours of the day due to an elevated risk of forest fire. FMCSA believes that the rest breaks during these periods of restricted operating hours may reduce the volume of timber that OTA drivers can deliver, affecting the economic viability of the Oregon lumber industry. The Agency grants this limited exemption on condition that these exempt drivers do not drive after the 12th hour of their duty day. The Agency finds that the CMV operations of OTA timber transporters under this limited exemption would likely achieve a level of safety equivalent to or greater than the level of safety that would be obtained in the absence of the exemption. SUMMARY: This limited exemption is effective March 18, 2015 subject to the Terms and Conditions stated herein, and expires March 20, 2017. SUPPLEMENTARY INFORMATION: DATES: 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 PO 00000 Frm 00158 Fmt 4703 Sfmt 4703 14227 381.315(a)]. The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The Agency may grant an exemption subject to specified terms and conditions. The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). On December 27, 2011, FMCSA published a final rule establishing mandatory rest breaks for CMV drivers (76 FR 81133). Effective July 1, 2013, drivers may not operate a CMV if 8 hours or more have elapsed since the end of the driver’s last off-duty or sleeper-berth period of at least 30 minutes [49 CFR 395.3(a)(3)(ii)]. FMCSA did not otherwise specify when drivers must take the 30-minute break. On August 2, 2013, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision on petitions for review of the Agency’s final HOS rule of December 27, 2011.1 That rule imposed a requirement for a 30-minute rest break for interstate drivers of CMVs. The Court upheld the 2011 HOS rule in all respects, except that it vacated the break provision applicable to ‘‘shorthaul’’ drivers. To qualify as a short-haul driver, CMV drivers must (1) limit their duty day to a maximum of 12 hours, (2) remain within a 100 air-mile radius of their point of origin throughout their duty day, and (3) return to their work reporting locations at the end of the duty day in (49 CFR 395.1(e)(1)). The Court also vacated the break provision applicable to short-haul drivers who do not need a commercial driver’s license (CDL) [49 CFR 395.1(e)(2)], but since 1 American Trucking Associations, Inc. v. Federal Motor Carrier Safety Administration, 724 F3d 243 (D.C. Cir. Aug. 2, 2013). FMCSA published its response to the Court’s opinion at 78 FR 64179 (October 28, 2013). E:\FR\FM\18MRN1.SGM 18MRN1 14228 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES drivers of logging trucks need CDLs, that provision will not be discussed here. In response to the U.S. Court of Appeals decision, on October 28, 2013 (78 FR 64179), FMCSA amended its December 27, 2011, final HOS rule to provide an exception from the 30minute rest break requirement for shorthaul drivers who are not required to prepare records of duty status (RODS). The Agency also removed regulatory text made obsolete by the passing of the July 1, 2013, compliance date for the final rule. Request for Exemption The OTA, a trade association, has applied for a limited exemption from the mandatory rest break requirement of 49 CFR 395.3(a)(3)(ii) on behalf of all motor carriers and drivers who operate CMVs to transport logs in interstate commerce from Oregon forestlands. Some Oregon timber is transported by truck to ports for export to other countries, which is interstate commerce. Some is transported to other States by truck, sometimes interlining with rail or water carriers. OTA states that most of its members who engage in lumber operations have interstate operating authority. OTA states that the lumber mills must receive a certain volume of logs to remain economically viable. It bears noting here, that drivers transporting logs from Oregon forests to Oregon lumber mills that are operating in intrastate commerce, and therefore not subject to FMCSA jurisdiction or to this exemption. Some of this transportation to the mills, however, does cross State lines and is therefore interstate transportation covered by the Federal regulations. OTA did not provide a percentage breakdown of those shipments that are in interstate commerce. The OTA has indicated that a substantial number of its drivers qualify as short-haul drivers, and thus will not require this exemption. The general HOS rule limits certain short-haul drivers to a duty day of 12 hours from the time they come on duty following 10 consecutive hours off duty. Nonetheless, OTA has proposed that all drivers employing this exemption be limited by its terms to a duty day of no more than 12 hours. When the risk of fire is high, the Oregon Department of Forestry (ODF) limits logging in the forestland to certain hours of the day, such as prior to 1:00 p.m. OTA states that fire-safety restrictions are often imposed from July to late October and that logging operators need all remaining time each day to cut and remove the volume of timber needed to sustain the lumber VerDate Sep<11>2014 19:00 Mar 17, 2015 Jkt 235001 mills. OTA seeks relief from the 30minute break requirement only when the ODF is formally restricting logging operations to certain hours of the day due to an elevated risk of forest fire. OTA states that during these periods of limited operations, CMV drivers employing this exemption would achieve the same level of safety with this exemption in place as they would achieve if required to observe the restbreak requirement. CMV enforcement officials in Oregon generally have access to the ODF current roster showing what level of forest protection is in place at any time. When Oregon timber transporters travel out of State, they must carry a copy of the ODF order reflecting the alert level at that time, as the exemption terms and conditions will require. exemption must be released from duty no more than 12 consecutive hours after the time they come on duty following 10 consecutive hours off duty. Drivers operating under this exemption must maintain a record of duty status (‘‘log book’’) for the days on which they travel outside a 100 air-mile radius of their normal work reporting location. If an individual chose to forego this shorthaul exemption either by travelling outside the 100 air-miles or by working a 14 hour day instead of the 12 hours required by the exemption, he or she would be required to maintain a logbook for that day and also comply with the 30-minute rest break provision. The exemption is limited to the period from March 18, 2015 to March 20, 2017. Public Comments On December 10, 2013, FMCSA published notice of this application and asked for public comment (78 FR 74222). Only one comment was received. An international forest products company that conducts Oregon timber operations supported the application for exemption. Motor carriers must notify FMCSA by email addressed to MCPSD@DOT.GOV within 5 business days of any accident (as defined in 49 CFR 390.5) that occurs while its driver is operating under the terms of this exemption. The notification must include: a. Date of the accident, b. City or town, and State, in which the accident occurred, or closest to the accident scene, c. Driver’s name and license number, d. Vehicle number and state license number, e. Number of individuals suffering physical injury, f. Number of fatalities, g. The police-reported cause of the accident, h. Whether the driver was cited for violation of any traffic laws, motor carrier safety regulations, and i. The driver’s total driving time and total on-duty time period at the time of the accident. FMCSA Decision FMCSA reviewed OTA’s application for exemption and the public comments. The Agency believes that limiting the timber operations of these CMV drivers to a fixed 12-hour window will promote safety at least as effectively as the 30minute break. These drivers would be operating like certain short-haul drivers, who are already permitted to follow a 12-hour duty period, during which they are exempt from the break requirement. These timber-transporting drivers would likely achieve a level of safety equivalent to or greater than the level of safety that would be obtained in the absence of the exemption [49 CFR 381.310(c)(5)]. Terms of the Exemption This is an exemption only from the 30-minute break requirement [49 CFR 395.3(a)(3)(ii)]. Today’s exemption is restricted to drivers operating CMVs when engaged in interstate logging transportation originating in forestlands of the State of Oregon during periods in which the Oregon Department of Forestry (ODOF) imposes Industrial Fire Precaution Level 3 (IPFL3) on those lands, restricting the transportation of logs in those forests to certain hours of the day due to an elevated risk of forest fire.2 Drivers operating under this 2 Neither IFPL 1 nor IFPL 2 restricts the transportation of timber. PO 00000 Frm 00159 Fmt 4703 Sfmt 4703 Notification to FMCSA Preemption In accordance with 49 U.S.C. 31315(d), during periods that this exemption is in effect, no State shall enforce any law or regulation that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. Termination The FMCSA does not believe the safety record of any driver operating under this exemption will deteriorate. However, should deterioration in safety occur, FMCSA will take all steps necessary to protect the public interest, including revocation of the exemption. The FMCSA in its discretion may revoke the exemption immediately for failure to comply with its terms and conditions. E:\FR\FM\18MRN1.SGM 18MRN1 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

Agencies

[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14227-14229]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06184]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0451]


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

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

ACTION: Notice of final determination; granting of exemption.

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

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

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

SUPPLEMENTARY INFORMATION: 

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. FMCSA must publish a notice of each exemption request in 
the Federal Register [49 CFR 381.315(a)]. The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The Agency may 
grant an exemption subject to specified terms and conditions. The 
decision of the Agency must be published in the Federal Register (49 
CFR 381.315(b)) with the reasons for denying or granting the 
application and, if granted, the name of the person or class of persons 
receiving the exemption, and the regulatory provision from which the 
exemption is granted. The notice must also specify the effective period 
and explain the terms and conditions of the exemption. The exemption 
may be renewed (49 CFR 381.300(b)).
    On December 27, 2011, FMCSA published a final rule establishing 
mandatory rest breaks for CMV drivers (76 FR 81133). Effective July 1, 
2013, drivers may not operate a CMV if 8 hours or more have elapsed 
since the end of the driver's last off-duty or sleeper-berth period of 
at least 30 minutes [49 CFR 395.3(a)(3)(ii)]. FMCSA did not otherwise 
specify when drivers must take the 30-minute break.
    On August 2, 2013, the U.S. Court of Appeals for the District of 
Columbia Circuit issued a decision on petitions for review of the 
Agency's final HOS rule of December 27, 2011.\1\ That rule imposed a 
requirement for a 30-minute rest break for interstate drivers of CMVs. 
The Court upheld the 2011 HOS rule in all respects, except that it 
vacated the break provision applicable to ``short-haul'' drivers. To 
qualify as a short-haul driver, CMV drivers must (1) limit their duty 
day to a maximum of 12 hours, (2) remain within a 100 air-mile radius 
of their point of origin throughout their duty day, and (3) return to 
their work reporting locations at the end of the duty day in (49 CFR 
395.1(e)(1)). The Court also vacated the break provision applicable to 
short-haul drivers who do not need a commercial driver's license (CDL) 
[49 CFR 395.1(e)(2)], but since

[[Page 14228]]

drivers of logging trucks need CDLs, that provision will not be 
discussed here.
---------------------------------------------------------------------------

    \1\ American Trucking Associations, Inc. v. Federal Motor 
Carrier Safety Administration, 724 F3d 243 (D.C. Cir. Aug. 2, 2013). 
FMCSA published its response to the Court's opinion at 78 FR 64179 
(October 28, 2013).
---------------------------------------------------------------------------

    In response to the U.S. Court of Appeals decision, on October 28, 
2013 (78 FR 64179), FMCSA amended its December 27, 2011, final HOS rule 
to provide an exception from the 30-minute rest break requirement for 
short-haul drivers who are not required to prepare records of duty 
status (RODS). The Agency also removed regulatory text made obsolete by 
the passing of the July 1, 2013, compliance date for the final rule.

Request for Exemption

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

Public Comments

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

FMCSA Decision

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

Terms of the Exemption

    This is an exemption only from the 30-minute break requirement [49 
CFR 395.3(a)(3)(ii)]. Today's exemption is restricted to drivers 
operating CMVs when engaged in interstate logging transportation 
originating in forestlands of the State of Oregon during periods in 
which the Oregon Department of Forestry (ODOF) imposes Industrial Fire 
Precaution Level 3 (IPFL3) on those lands, restricting the 
transportation of logs in those forests to certain hours of the day due 
to an elevated risk of forest fire.\2\ Drivers operating under this 
exemption must be released from duty no more than 12 consecutive hours 
after the time they come on duty following 10 consecutive hours off 
duty. Drivers operating under this exemption must maintain a record of 
duty status (``log book'') for the days on which they travel outside a 
100 air-mile radius of their normal work reporting location. If an 
individual chose to forego this short-haul exemption either by 
travelling outside the 100 air-miles or by working a 14 hour day 
instead of the 12 hours required by the exemption, he or she would be 
required to maintain a logbook for that day and also comply with the 
30-minute rest break provision. The exemption is limited to the period 
from March 18, 2015 to March 20, 2017.
---------------------------------------------------------------------------

    \2\ Neither IFPL 1 nor IFPL 2 restricts the transportation of 
timber.
---------------------------------------------------------------------------

Notification to FMCSA

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

Preemption

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

Termination

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


[[Page 14229]]


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