Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 14227 

1American 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). 

no crashes and no convictions for 

moving violations in a CMV. 

III. Public Participation and Request for 

Comments 

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 

http://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. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://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. 

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 

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 ‘‘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 

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14228 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 

2Neither IFPL 1 nor IFPL 2 restricts the 

transportation of timber. 

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 30- 

minute 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 

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 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. 

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 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. 

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. 

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Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Nineteenth Meeting: RTCA Special 

Committee 225, Rechargeable Lithium 

Battery and Battery Systems 

AGENCY: Federal Aviation 

Administration (FAA), U.S. Department 

of Transportation (DOT). 

ACTION: Meeting Notice of RTCA Special 

Committee 225, Rechargeable Lithium 

Battery and Battery Systems. 

SUMMARY: 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 

http://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: 

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 

• 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 

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 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

renewal of exemption; request for 

comments. 

SUMMARY: FMCSA announces that it has 

received an application from 

Adirondack Trailways, Pine Hill 

Trailways, and New York Trailways 

(‘‘Trailways’’) for a renewal of their 

exemption from the hours-of-service 

(HOS) record of duty status (RODs) 

provision in 49 CFR 395.8(c). Trailways 

currently holds an exemption for the 

period of May 31, 2013 to May 31, 2015. 

FMCSA extended the exemption to 

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