Hours of Service of Drivers: Oregon Trucking Associations (OTA) Exemption; FAST Act Extension of Compliance Date, 17548-17549 [2016-07041]

Download as PDF 17548 Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices Public Law 111–212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. c. Reporting to the Secretary Per section 6020(h) of the FAST Act, not later than 1 year after the date on which the first eligible entity receives an STSFA grant, and each year thereafter, every recipient shall submit a report to the Secretary that describes: (1) How the demonstration activities carried out with grant funds meet the objectives of the STSFA program; and (2) Lessons learned for future deployment of alternative revenue mechanisms that utilize a user fee structure. G. Federal Awarding Agency Contacts For further information or questions concerning this notice, please contact the FHWA via email at STSFA@dot.gov. For questions about the STSFA program discussed herein, contact Mr. Robert Arnold, Director, FHWA Office of Transportation Management, telephone 202–366–1285, or via email at Robert.Arnold@dot.gov. A TDD is available at 202–366–3993. Additionally, the DOT will regularly post answers to questions, requests for clarification, and information about Webinars for further guidance at http://www.grants.gov/. H. Other Information mstockstill on DSK4VPTVN1PROD with NOTICES 1. Public Comment 19:43 Mar 28, 2016 2. Protection of Confidential Business Information To the extent practicable, all information submitted as part of or in support of any application shall use publicly available data or data that can be made public and methodologies that are accepted by industry practice and standards. If the application includes information the applicant considers to be a trade secret or confidential commercial or financial information, the applicant should do the following: (1) Note on the front cover that the submission ‘‘Contains Confidential Business Information (CBI);’’ (2) mark each affected page ‘‘CBI;’’ and (3) highlight or otherwise denote the CBI portions. The DOT protects such information from disclosure to the extent allowed under applicable law. In the event DOT receives a Freedom of Information Act (FOIA) request, it will follow the procedures described in its FOIA regulations at 49 CFR 7.17. Only information that is ultimately determined to be confidential under that procedure will be exempt from disclosure under FOIA. Authority: Section 6020 of the Fixing America’s Surface Transportation Act (FAST Act) (Pub. L. 114–94). Issued on: March 23, 2016. Gregory G. Nadeau, Administrator, Federal Highway Administration. [FR Doc. 2016–07045 Filed 3–28–16; 8:45 am] The STSFA program is funded through FY 2020. This notice solicits applications for FY 2016 only. Because this is the first year implementing the STSFA program, FHWA invites interested parties to submit comments about this notice’s contents, implementation choices within the legal bounds of the program, and suggestions for clarification in future STSFA solicitations. The FHWA seeks input on whether the information requested in applications is reasonable and clear and if additional merit criteria should be considered. The FHWA may consider the submitted comments and suggestions when developing subsequent STSFA notices and program guidance, but they will not affect the program’s evaluation and selection process for FY 2016 awards. Applications or comments about specific projects should not be submitted to the docket. Any application submitted to the document will not be reviewed. Comments should be sent to Docket Number FHWA–2016– VerDate Sep<11>2014 0006 by July 1, 2016. To the extent practicable, FHWA will consider latefiled comments. Jkt 238001 BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0451] Hours of Service of Drivers: Oregon Trucking Associations (OTA) Exemption; FAST Act Extension of Compliance Date AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final determination; extension of existing exemption date. SUMMARY: FMCSA announces the extension of the exemption granted to the Oregon Trucking Associations (OTA) on March 18, 2015, for certain timber operations in Oregon. The Agency extends the expiration date from March 18, 2017 to March 18, 2020 in response to section 5206(b)(2)(A) of the ‘‘Fixing America’s Surface PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 Transportation Act’’ (FAST Act). That section extends the expiration date of hours-of-service (HOS) exemptions in effect on the date of enactment of the FAST Act to 5 years from the date of issuance of the exemptions. The OTA exemption from the Agency’s 30-minute rest break requirement is limited to commercial motor vehicle (CMV) drivers engaged in transporting timber from Oregon forestlands, and further limited to periods of the year in which the Oregon Department of Forestry (ODF) has formally restricted logging operations to certain hours of the day due to an elevated risk of forest fire. The Agency previously determined that the CMV operations of OTA timber transporters under this exemption would likely achieve a level of safety equivalent to or greater than the level of safety that would be obtained in the absence of the exemption. DATES: This limited exemption is effective from March 18, 2015, through March 18, 2020. SUPPLEMENTARY INFORMATION: Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register [49 CFR 381.315(a)]. Section 5206(b)(2)(A) of the FAST Act requires FMCSA to extend any exemption from any provision of the HOS regulations under 49 CFR part 395 that was in effect on the date of enactment of the Act to a period of 5 years from the date the exemption was granted. The exemption may be renewed. Because this action merely implements a statutory mandate that took effect on the date of enactment of the FAST Act, notice and comment are not required. OTA Exemption The OTA, a trade association, applied for a limited exemption from the mandatory rest break requirement of 49 CFR 395.3(a)(3)(ii) on behalf of all motor carriers and drivers who operate CMVs to transport logs in interstate commerce from Oregon forestlands. FMCSA reviewed OTA’s application and the public comments and concluded that limiting the timber operations of these CMV drivers to a fixed 12-hour window would promote safety at least as effectively as the 30minute break. These drivers operate like certain short-haul drivers, who are already permitted to follow a 12-hour duty period, during which they are E:\FR\FM\29MRN1.SGM 29MRN1 Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Notices exempt from the break requirement. A Notice of Final Determination granting the OTA exemption was published on March 18, 2015 [80 FR 14227]. The substance of the exemption is not affected by this extension. The exemption covers only the 30-minute break requirement [49 CFR 395.3(a)(3)(ii)]. The exemption is restricted to drivers operating CMVs engaged in interstate logging originating in Oregon forestlands during periods in which the Oregon Department of Forestry (ODOF) imposes Industrial Fire Precaution Level 3 (IPFL3) on those lands, restricting the transportation of logs to certain hours of the day because of an elevated risk of forest fire.1 Drivers operating under this exemption must be released from duty no more than 12 consecutive hours after the time they come on duty following 10 consecutive hours off duty. They must maintain a record of duty status (‘‘log book’’) for the days on which they travel outside a 100 air-mile radius of their normal work reporting location. If an individual chose to forego this short-haul exemption either by travelling outside the 100 air-miles or by working a 14 hour day instead of the 12 hours required by the exemption, he or she would be required to maintain a logbook for that day and also to comply with the 30-minute rest break provision. The FMCSA does not believe the safety record of any driver operating under this exemption will deteriorate. However, should deterioration in safety occur, FMCSA will take all steps necessary to protect the public interest, including revocation of the exemption. The FMCSA has the authority to terminate the exemption at any time the Agency has the data/information to conclude that safety is being compromised. Issued on: March 23, 2016. T. F. Scott Darling, III, Acting Administrator. [FR Doc. 2016–07041 Filed 3–28–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION mstockstill on DSK4VPTVN1PROD with NOTICES Federal Transit Administration Rides to Wellness Demonstration and Innovative Coordinated Access and Mobility Grants AGENCY: Federal Transit Administration (FTA), DOT. Funding Opportunity Number: FTA– 2015–012–TPM–RTW 1 Neither IFPL 1 nor IFPL 2 restricts the transportation of timber. VerDate Sep<11>2014 19:43 Mar 28, 2016 Jkt 238001 Catalog of Federal Domestic Assistance (CFDA) Number: 20.514 ACTION: Notice of funding opportunity (NOFO): solicitation of project proposals for Rides to Wellness Demonstration and Innovative Coordinated Access and Mobility Grants. SUMMARY: The Federal Transit Administration (FTA) announces the availability of approximately $5.3 million of funding from two programs to support the Rides to Wellness Demonstration and Innovative Coordinated Access and Mobility Grants (R2W Demonstration Grants). The funding sources are: Section 3006(b) of the Fixing America’s Surface Transportation Act (FAST), Pub. L. 114– 94, which authorizes a pilot program for innovative coordinated access and mobility; and 49 U.S.C. 5312 (Section 5312). The goal of the competitive R2W Demonstration Grants is to find and test promising, replicable public transportation healthcare access solutions that support the following goals: increased access to care, improved health outcomes and reduced healthcare costs. Eligible applicants include: States, Tribes, and Designated or Direct Recipients for funds under 49 U.S.C. 5307, 5310 or 5311. Proposers must serve as the lead agency of a local consortium that includes stakeholders from the transportation, healthcare, human service or other sectors. Members of this consortium are eligible as subrecipients. Further, proposers must demonstrate that the proposed project was planned through an inclusive process with the involvement of the transportation, healthcare and human service industries. Eligible projects must have implementationready capital and operating projects that enhance access, such as: mobility management; health and transportation provider partnerships; technology; and other actions that drive change. These R2W Demonstration Grants will develop best practice solutions that other communities can replicate. This announcement is available on the FTA Web site at: http:// www.fta.dot.gov/legislation_law/ federal_register_notices.php. A synopsis of this funding opportunity will be posted in the FIND module of the government-wide electronic grants Web site at http://www.GRANTS.GOV. FTA will announce final selections on the FTA Web site and may also announce selections in the Federal Register. DATES: Complete proposals must be submitted electronically through the GRANTS.GOV ‘‘APPLY’’ function by May 31, 2016. Prospective applicants PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 17549 should initiate the process by registering on the GRANTS.GOV Web site promptly to ensure completion of the application process before the submission deadline. Instructions for applying can be found on FTA’s Web site at http:// www.fta.dot.gov/grants/15066.html and in the ‘‘FIND’’ module of GRANTS.GOV. Mail and fax submissions will not be accepted. FOR FURTHER INFORMATION CONTACT: Danielle Nelson, FTA Office of Program Management, 202–366–2160, or Danielle.Nelson@dot.gov. Table Of Contents A. Program Description B. Federal Award Information C. Eligibility Information D. Application and Submission Information E. Application Review Information F. Federal Award Administration G. Federal Awarding Agency Contact A. Program Description FTA announces the availability of funding from two programs to support the R2W Demonstration Grants. The funding sources are: Section 3006(b) of the FAST Act, which authorizes a pilot program for innovative coordinated access and mobility; and the 49 U.S.C. 5312 Research Program. Current changes in the healthcare industry, from the passage of the Affordable Care Act to the increasing focus on preventive care, present an opportunity for public transportation to address transportation-related challenges to reduce healthcare costs, increase access to care and improve health outcomes for people. The healthcare industry’s increasing focus on prevention and other improvements to the effectiveness and efficiency of care has resulted in an increased understanding of the value of partnerships between health and transportation. R2W Demonstration Grants are part of a series of activities to support FTA’s Rides to Wellness Program (R2W Program). The R2W Program seeks to address challenges for the transportation disadvantaged in getting access to healthcare, such as getting to the doctor, returning home from a hospital procedure; getting to rehabilitation services; getting to behavioral health services; getting to the pharmacy; and getting to free health screenings. Across the country, communities are experimenting with ways to overcome barriers to these essential services by leveraging partnerships across transportation, health, and wellness providers. Through the R2W Demonstration Grants, FTA will fund projects with E:\FR\FM\29MRN1.SGM 29MRN1

Agencies

[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Notices]
[Pages 17548-17549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07041]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0451]


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

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

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

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SUMMARY: FMCSA announces the extension of the exemption granted to the 
Oregon Trucking Associations (OTA) on March 18, 2015, for certain 
timber operations in Oregon. The Agency extends the expiration date 
from March 18, 2017 to March 18, 2020 in response to section 
5206(b)(2)(A) of the ``Fixing America's Surface Transportation Act'' 
(FAST Act). That section extends the expiration date of hours-of-
service (HOS) exemptions in effect on the date of enactment of the FAST 
Act to 5 years from the date of issuance of the exemptions. The OTA 
exemption from the Agency's 30-minute rest break requirement is limited 
to commercial motor vehicle (CMV) drivers engaged in transporting 
timber from Oregon forestlands, and further limited to periods of the 
year in which the Oregon Department of Forestry (ODF) has formally 
restricted logging operations to certain hours of the day due to an 
elevated risk of forest fire. The Agency previously determined that the 
CMV operations of OTA timber transporters under this exemption would 
likely achieve a level of safety equivalent to or greater than the 
level of safety that would be obtained in the absence of the exemption.

DATES: This limited exemption is effective from March 18, 2015, through 
March 18, 2020.

SUPPLEMENTARY INFORMATION:

Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. FMCSA must publish a notice of each exemption request in 
the Federal Register [49 CFR 381.315(a)].
    Section 5206(b)(2)(A) of the FAST Act requires FMCSA to extend any 
exemption from any provision of the HOS regulations under 49 CFR part 
395 that was in effect on the date of enactment of the Act to a period 
of 5 years from the date the exemption was granted. The exemption may 
be renewed. Because this action merely implements a statutory mandate 
that took effect on the date of enactment of the FAST Act, notice and 
comment are not required.

OTA Exemption

    The OTA, a trade association, applied for a limited exemption from 
the mandatory rest break requirement of 49 CFR 395.3(a)(3)(ii) on 
behalf of all motor carriers and drivers who operate CMVs to transport 
logs in interstate commerce from Oregon forestlands.
    FMCSA reviewed OTA's application and the public comments and 
concluded that limiting the timber operations of these CMV drivers to a 
fixed 12-hour window would promote safety at least as effectively as 
the 30-minute break. These drivers operate like certain short-haul 
drivers, who are already permitted to follow a 12-hour duty period, 
during which they are

[[Page 17549]]

exempt from the break requirement. A Notice of Final Determination 
granting the OTA exemption was published on March 18, 2015 [80 FR 
14227].
    The substance of the exemption is not affected by this extension. 
The exemption covers only the 30-minute break requirement [49 CFR 
395.3(a)(3)(ii)]. The exemption is restricted to drivers operating CMVs 
engaged in interstate logging originating in Oregon forestlands during 
periods in which the Oregon Department of Forestry (ODOF) imposes 
Industrial Fire Precaution Level 3 (IPFL3) on those lands, restricting 
the transportation of logs to certain hours of the day because of an 
elevated risk of forest fire.\1\ Drivers operating under this exemption 
must be released from duty no more than 12 consecutive hours after the 
time they come on duty following 10 consecutive hours off duty. They 
must maintain a record of duty status (``log book'') for the days on 
which they travel outside a 100 air-mile radius of their normal work 
reporting location. If an individual chose to forego this short-haul 
exemption either by travelling outside the 100 air-miles or by working 
a 14 hour day instead of the 12 hours required by the exemption, he or 
she would be required to maintain a logbook for that day and also to 
comply with the 30-minute rest break provision.
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    \1\ Neither IFPL 1 nor IFPL 2 restricts the transportation of 
timber.
---------------------------------------------------------------------------

    The FMCSA does not believe the safety record of any driver 
operating under this exemption will deteriorate. However, should 
deterioration in safety occur, FMCSA will take all steps necessary to 
protect the public interest, including revocation of the exemption. The 
FMCSA has the authority to terminate the exemption at any time the 
Agency has the data/information to conclude that safety is being 
compromised.

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