Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices 17819 

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two years unless rescinded earlier by 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rescinded if: (1) Greyhound fails to 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’ 

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 

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)). 


tkelley on DSK3SPTVN1PROD with NOTICES
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 

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 

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’’ 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices 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 http://

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 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. AB 43 (Sub-No. 190X)] 

Illinois Central Railroad Company— 

Discontinuance of Service 

Exemption—in Sangamon and 

Montgomery Counties, Ill. 

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 

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 

AGENCY: Department of Transportation. 

ACTION: Notice of Order to Show Cause 

(Order 2015–3–18) Dockets DOT–OST– 

2014–0097 and DOT–OST–2014–0098 

SUMMARY: 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 


tkelley on DSK3SPTVN1PROD with NOTICES