Hours of Service of Drivers: National Ready Mixed Concrete Association; Application for Exemption; Final Disposition, 17819-17821 [2015-07567]
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Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
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)).
Basis for Renewing Exemption
On March 19, 2008, Greyhound
applied for an exemption from 49 CFR
393.60(e)(1) to allow it to install video
event recorders on some or all of its bus
fleet. On March 19, 2009, FMCSA
published a notice of final disposition
granting the exemption (74 FR 11807).
On March 22, 2011, FMCSA published
a notice of final disposition renewing
this exemption until March 20, 2013 (76
FR 16034). On March 22, 2013, FMCSA
published a notice of final disposition
renewing this exemption until March
20, 2015 (78 FR 17749). The renewal
outlined in this Notice extends the
exemption through March 20, 2017.
FMCSA is not aware of any evidence
showing that the installation of video
event recorders on Greyhound’s buses,
in accordance with the conditions of the
original and subsequent exemptions,
has resulted in any degradation in
safety. FMCSA continues to believe that
the potential safety gains from the use
of video event recorders to improve
driver behavior will enhance the overall
level of safety to the motoring public.
The exemption is renewed subject to
the requirements that video event
recorders installed in Greyhound’s
buses be mounted not more than 50 mm
(2 inches) below the upper edge of the
area swept by the windshield wipers,
and located outside the driver’s sight
lines to the road and highway signs and
signals. The exemption will be valid for
two years unless rescinded earlier by
FMCSA. The exemption will be
rescinded if: (1) Greyhound fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315.
The Agency believes that extending
the exemption for another two years
will likely achieve a level of safety that
is equivalent to, or greater than, the
level of safety achieved without the
exemption because (1) the video event
recorders will not obstruct drivers’
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18:52 Apr 01, 2015
Jkt 235001
views of the roadway, highway signs
and surrounding traffic due to the fact
that the panoramic windshields
installed on Greyhound’s buses
encompass a large percentage of the
front of buses and extend well above the
driver’s sight lines; (2) larger windshield
wipers installed on Greyhound’s buses
increase the swept area well beyond that
which is recommended by SAE
International’s guidelines for
commercial vehicles; and (3) placement
of video event recorders just below the
larger swept area of the wipers will be
well outside of the driver’s useable sight
lines. In addition, the Agency believes
that the use of video event recorders by
fleets to deter unsafe driving behavior is
likely to improve the overall level of
safety to the motoring public.
Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
Request for Comments
FMCSA requests comments from
parties with data concerning the safety
record of buses operated by Greyhound
and equipped with video event
recorders by May 4, 2015.
The Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
Greyhound exemption.
Issued on: March 26, 2015.
T. F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015–07636 Filed 4–1–15; 8:45 am]
BILLING CODE CODE 4910–EX–P
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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
FMCSA announces its
decision to grant the National Ready
Mixed Concrete Association (NRMCA) a
limited exemption from the minimum
SUMMARY:
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17819
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 30minute 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: MCPSD@dot.gov.
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)).
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17820
Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices
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
[§ 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 readymixed 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’’
(§ 395.2 definition of on-duty time.)
Regarding the § 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
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18:52 Apr 01, 2015
Jkt 235001
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 readymixed 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 mixertruck 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 § 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
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Fmt 4703
Sfmt 4703
certain short-haul drivers, many drivers
often work more than 12 hours in a day,
and therefore cannot utilize the shorthaul 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 workrelated 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 (§ 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 § 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 onduty 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’’
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Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices
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 https://
ai.fmcsa.dot.gov/sms/.
Period of the Exemption
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.
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.
[FR Doc. 2015–07567 Filed 4–1–15; 8:45 am]
Extent of the Exemption
Surface Transportation Board
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.
[Docket No. AB 43 (Sub-No. 190X)]
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.
tkelley on DSK3SPTVN1PROD with NOTICES
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 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
18:52 Apr 01, 2015
Jkt 235001
DEPARTMENT OF TRANSPORTATION
Illinois Central Railroad Company—
Discontinuance of Service
Exemption—in Sangamon and
Montgomery Counties, Ill.
Preemption
VerDate Sep<11>2014
BILLING CODE CODE 4910–EX–P
On March 13, 2015, Illinois Central
Railroad Company (IC) filed with the
Surface Transportation Board (Board) a
petition under 49 U.S.C. 10502 for
exemption from the provisions of 49
U.S.C. 10903 to discontinue rail service
over approximately 10.75 miles of rail
line between milepost 207.25 at Cimic
and milepost 218.0 at Farmersville in
Sangamon and Montgomery Counties,
Ill.
IC states that the line includes the
stations of Farmersville and Cimic,
although Cimic will remain open north
of milepost 207.25. The line traverses
U.S. Postal Service Zip Codes 62530,
62533, and 62690.
The interest of railroad employees
will be protected by the conditions set
forth in Oregon Short Line Railroad–
Abandonment Portion Goshen Branch
Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 360 I.C.C.
91 (1979).
By issuance of this notice, the Board
is instituting an exemption proceeding
pursuant to 49 U.S.C. 10502(b). A final
decision will be issued by July 1, 2015.
Because this is a discontinuance
proceeding and not an abandonment
proceeding, trail use/rail banking and
public use conditions are not
appropriate.
Any offer of financial assistance
(OFA) under 49 CFR 1152.27(b)(2) to
subsidize continued rail service will be
due no later than July 11, 2015, or 10
days after service of a decision granting
the petition for exemption, whichever
occurs sooner. Each offer must be
accompanied by a $1,600 filing fee. See
49 CFR 1002.2(f)(25).
All filings in response to this notice
must refer to Docket No. AB 43 (Sub-No.
190X) and must be sent to: (1) Surface
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Fmt 4703
Sfmt 4703
17821
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001; and (2)
Robert A. Wimbish, Fletcher & Sippel
LLC, 29 North Wacker Drive, Suite 920,
Chicago, IL 60606–2832. Replies to the
petition are due on or before April 22,
2015.
Persons seeking further information
concerning discontinuance procedures
may contact the Board’s Office of Public
Assistance, Governmental Affairs, and
Compliance at (202) 245–0238 or refer
to the full abandonment and
discontinuance regulations at 49 CFR pt.
1152. Questions concerning
environmental issues may be directed to
the Board’s Office of Environmental
Analysis (OEA) at (202) 245–0305.
[Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.]
Board decisions and notices are
available on our Web site at
‘‘WWW.STB.DOT.GOV.’’
Decided: March 30, 2015.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015–07558 Filed 4–1–15; 8:45 am]
BILLING CODE CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Dockets DOT–OST–2014–0097 and DOT–
OST–2014–0098]
Applications of Jet Aviation Flight
Services, Inc. for Certificate Authority
Department of Transportation.
Notice of Order to Show Cause
(Order 2015–3–18) Dockets DOT–OST–
2014–0097 and DOT–OST–2014–0098
AGENCY:
ACTION:
The Department of
Transportation is directing all interested
persons to show cause why it should
not issue orders finding Jet Aviation
Flight Services, Inc., fit, willing, and
able, and awarding it certificates of
public convenience and necessity to
engage in interstate and foreign charter
air transportation of persons, property
and mail.
DATES: Persons wishing to file
objections should do so no later than
April 10, 2015.
ADDRESSES: Objections and answers to
objections should be filed in Dockets
DOT–OST–2014–0097 and DOT–OST–
2014–0098 and addressed to U.S.
Department of Transportation, Docket
Operations, (M–30, Room W12–140),
1200 New Jersey Avenue SE., West
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Notices]
[Pages 17819-17821]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07567]
-----------------------------------------------------------------------
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: MCPSD@dot.gov.
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 https://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
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 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
