Hours of Service of Drivers: Oregon Trucking Associations' Application for Exemption |
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Topics: Oregon Trucking Association
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T.F. Scott Darling III
Federal Motor Carrier Safety Administration
March 18, 2015
[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.
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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.
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\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).
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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.
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\2\ Neither IFPL 1 nor IFPL 2 restricts the transportation of
timber.
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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