61372 Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Notices 

commercial motor vehicle (CMV) 

drivers in interstate commerce. This 

follows the MRB’s consideration of the 

effects of Schedule II medications on 

CMV drivers’ ability to operate safely on 

September 11, 2013, and July 29–30, 

2014. On Tuesday, October 28, the 

MCSAC will meet to finalize its 

deliberations on financial responsibility 

requirements for motor carriers and to 

consider the findings of its 

Subcommittee on the Long-Haul CrossBorder Trucking Pilot Program with 

Mexico. Meetings are open to the public 

for their entirety, and there will be a 

public comment period at the end of 

each day. 

DATES: Times and Dates: The joint 

meeting will be held on Monday, 

October 27, 2014, from 9 a.m. to 4:30 

p.m., Eastern Daylight Time (E.T.), at 

the Hilton Alexandria Old Town, 1767 

King Street, Alexandria, VA 22314 in 

the Washington and Jefferson Rooms on 

the 2nd floor. On Tuesday, October 28, 

the MCSAC will meet at that same 

location from 9 a.m. to 4:30 p.m., E.T. 

Copies of all MRB and MCSAC Task 

Statements and an agenda for the entire 

meeting will be made available in 

advance of the meeting at http://

mrb.fmcsa.dot.gov and http://

mcsac.fmcsa.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Shannon L. Watson, Senior Advisor to 

the Associate Administrator for Policy, 

Federal Motor Carrier Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

(202) 385–2395, mcsac@dot.gov. 

Services for Individuals With 

Disabilities 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

meeting, contact Eran Segev at (617) 

494–3174, eran.segev@dot.gov, by 

Wednesday, October 22. 

SUPPLEMENTARY INFORMATION: 

I. Background 

MCSAC 

Section 4144 of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU, 

Pub. L. 109–59, 119 Stat. 1144, August 

10, 2005) required the Secretary of 

Transportation to establish the MCSAC. 

The Moving Ahead for Progress in the 

21st Century Act (MAP–21, Pub. L. 112– 

141) reauthorized the MCSAC through 

September 30, 2013, at which time its 

statutory authority expired, 

necessitating the establishment of 

MCSAC as a discretionary committee 

under FACA. Secretary Foxx established 

that effective September 30, 2013, 

through September 30, 2015. MCSAC 

provides advice and recommendations 

to the FMCSA Administrator on motor 

carrier safety programs and regulations, 

and operates in accordance with the 

Federal Advisory Committee Act 

(FACA, 5 U.S.C. App 2). 

MRB 

The MRB is composed of five medical 

experts who each serve 2-year terms. 

Section 4116 of SAFETEA–LU requires 

the Secretary of Transportation, with the 

advice of the MRB and the chief medical 

examiner, to establish, review, and 

revise ‘‘medical standards for operators 

of commercial motor vehicles that will 

ensure that the physical condition of 

operators of commercial motor vehicles 

is adequate to enable them to operate 

the vehicles safely.’’ The MRB operates 

in accordance with FACA under the 

terms of its charter, filed November 25, 

2013. 

II. Meeting Participation 

Oral comments from the public will 

be heard during the last half-hour of the 

meetings each day. Should all public 

comments be exhausted prior to the end 

of the specified period, the comment 

period will close. Members of the public 

may submit written comments on the 

topics to be considered during the 

meeting by Wednesday, October 22, to 

Federal Docket Management System 

(FDMC) Docket Number FMCSA–2008– 

0362 for the MRB and FMCSA–2006– 

26367 for the MCSAC using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: 202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building, 

Room W12–140, Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Room W12–140, 

Washington, DC, between 9 a.m. and 5 

p.m., E.T. Monday through Friday, 

except Federal holidays. 

Issued on: October 6, 2014. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2014–24364 Filed 10–8–14; 4:15 pm] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0314] 

Parts and Accessories Necessary for 

Safe Operation; Grant of Exemption for 

Van Hool N.V. and Coach USA 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

announces its decision to grant a limited 

2-year exemption to Van Hool N.V. and 

Coach USA (Van Hool/Coach USA) that 

will allow Coach USA/Megabus to 

operate double deck motorcoaches 

constructed with a sleeper berth than 

has an exit that does not meet the 

minimum dimensional requirements 

specified in the Federal Motor Carrier 

Safety Regulations (FMCSRs). Section 

393.76(c)(1) of the FMCSRs requires 

sleeper berths installed after January 1, 

1963 to have an exit that is at least 18 

inches high and 36 inches wide. The 

exemption will allow Coach USA/

Megabus to operate double deck 

motorcoaches with an exit area from the 

sleeper berth that, while not meeting the 

specified dimensions, is only slightly 

smaller in overall size from what is 

required in the FMCSRs. FMCSA 

believes that permitting the reduced exit 

area size will maintain a level of safety 

that is equivalent to, or greater than, the 

level of safety achieved without the 

exemption. 

DATES: This exemption is effective from 

October 10, 2014 until October 10, 2016. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Luke W. Loy, Vehicle and Roadside 

Operations Division, Office of Carrier, 

Driver, and Vehicle Safety, MC–PSV, 

(202) 366–0676; Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4007 of the Transportation 

Equity Act for the 21st Century (TEA– 

21) [Pub. L. 105–178, June 9, 1998, 112 

Stat. 401] amended 49 U.S.C. 31315 and 

31136(e) to provide authority to grant 

exemptions from the Federal Motor 

Carrier Safety Regulations (FMCSRs). 

On August 20, 2004, FMCSA published 

a final rule (69 FR 51589) implementing 

section 4007. Under this rule, FMCSA 

must publish a notice of each exemption 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Notices 61373 

1The Hybrid III 95th percentile male dummy is 

6′2′′ tall and weighs 223 pounds. 

the public with 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 the 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)). If the Agency denies 

the request, it must state the reason for 

doing so. If the decision is to grant the 

exemption, the notice must specify the 

person or class of persons receiving the 

exemption and the regulatory provision 

or provisions from which an 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 

381.315(c) and 49 CFR 381.300(b)). 

Van Hool/Coach USA Application for 

Exemption 

Van Hool/Coach USA applied for an 

exemption from 49 CFR 393.76(c)(1) to 

allow Coach USA/Megabus to operate 

double deck motorcoaches with a 

sleeper berth exit which meets the 

requirements of those sleeper berths 

installed before January 1, 1963. Section 

393.76(c)(1) of the FMCSRs requires 

that, for sleeper berths installed after 

January 1, 1963, the exit must be a 

doorway or opening at least 18 inches 

high and 36 inches wide. In its 

application, Van Hool/Coach USA 

states: 

Van Hool and Coach USA are making this 

request because we jointly developed a 

double deck motorcoach with sleeper berths 

for passengers (hereafter referred to as sleeper 

coach) where in order to meet the driver 

hours of service requirements for the routes 

planned for this sleeper coach, a sleeper 

berth must be provided for a 2nd driver. The 

designed sleeper berth compartment in the 

sleeper motor coach meets and exceeds the 

minimum dimensional requirements for the 

actual sleeper berth, however due to the 

limited available locations to place the 

sleeper berth within the confines of the 

motorcoach, it is requested that the entry/exit 

to the sleeper berth be allowed to meet the 

dimensional requirements for those sleeper 

berths manufactured/installed before January 

1, 1963. The entry/exit of the sleeper berth 

(as currently designed) has a maximum area 

of 606 square inches, which is sufficient area 

to contain an ellipse having a major axis of 

25 inches and a minor axis of 16 inches, 

which was the requirement for sleeper berths 

installed prior to January 1, 1963. 

Van Hool/Coach USA states that 

whereas the pre-January 1, 1963, exit 

dimension requirements accommodated 

all types of commercial motor vehicles, 

the current language of Section 

393.76(c)(1) ‘‘is designed to fit sleeper 

berths in commercial trucks’’ and does 

‘‘not take into account the limited space 

available on a motorcoach for utilization 

of a sleeper berth.’’ 

Comments 

On August 6, 2013, FMCSA published 

notice of the Van Hool/Coach USA 

application and requested public 

comment (78 FR 47817). Advocates for 

Highway and Auto Safety (Advocates) 

pointed out that the FMCSA had failed 

to include a copy of the Van Hool/Coach 

USA application in the docket for 

public inspection as required by statute 

and regulation. The Agency placed a 

copy of the Van Hool/Coach USA 

application in the docket, and published 

a notice in the Federal Register on 

February 14, 2014 (78 FR 9035) 

announcing the reopening of the 

comment period for 15 days. The 

Agency received four comments. 

1. Advocates stated ‘‘The reduced size 

of the major axis of the sleeper berth 

entry/exit portal from 36 inches to 24 

inches results is a significant reduction 

of a critical dimension for egress, even 

if it does not necessarily reduce the 

overall area of the portal dramatically. 

Reducing the major axis by one-third 

could impede the ability of a driver to 

respond in a safety emergency . . . 

Finally, it is likely that the pre-Jan. 1, 

1963 entry/exit dimensions were 

considered so restrictive and tight for 

drivers who needed to squeeze into or 

out of the sleeper berth that the major 

axis of the portal was enlarged 

significantly, by 50 percent, from 24 to 

36 inches. Advocates believes that even 

the current dimensions of the entry/exit 

portal (not to mention the sleeper berth 

itself) are exceedingly narrow and 

should be further enlarged, not 

reduced.’’ 

FMCSA response: FMCSA personnel 

inspected a Van Hool/Coach USA 

double deck motorcoach, and took 

physical measurements of a prototype of 

the proposed sleeper berth entry/exit 

area. The effective sleeper berth entry/ 

exit area is a rectangle, 27 inches wide 

by 26 inches in height, with a smaller 

non-useable corner in the lower right 

side measuring 11 inches in height by 

8 inches in width, resulting in a total 

sleeper berth entry/exit area of 614 

square inches. While this is a nominal 

reduction in access area—approximately 

5 percent—compared to the current 

requirements (a rectangular area 18 

inches high and 36 inches wide = 648 

square inches), it is significantly 

larger—more than double—than the preJanuary 1, 1963 requirements (an ellipse 

having a major axis of 24 inches and a 

minor axis of 16 inches = 301.6 square 

inches). 

Entry into and exit from the prototype 

sleeper berth was performed by both 

FMCSA and Coach USA personnel 

during the vehicle inspection. These 

representatives were both adult males, 

approximately the size/weight of the 

Hybrid III 95th percentile male 

anthropometric test device that is used 

worldwide for the evaluation of 

automotive and military safety 

restraints, and particularly for seat belt 

integrity testing.1 Both representatives 

were easily able to enter and exit the 

prototype sleeper berth, and each found 

that the 26-inch height of the prototype 

sleeper berth entry/exit was much easier 

to access than a sleeper berth meeting 

the currently-permitted minimum 

allowable height of 18 inches despite 

the reduction in overall width of the 

prototype opening. 

During the inspection of the 

prototype, FMCSA also found that Van 

Hool/Coach USA has designed and 

included an additional emergency exit 

in the sleeper berth that provides direct 

access to the exterior of the motorcoach. 

This additional exit is 26 inches wide 

and 26.5 inches high (689 square 

inches), which, while although it does 

not meet the specific dimensional 

requirements of the current standard, is 

larger in area than the current 

minimally compliant opening. 

While FMCSA acknowledges that Van 

Hool/Coach USA did not present a 

specific safety study providing an 

analysis of the safety impacts of the 

requested exemption, the Agency 

believes that the 9-inch reduction in the 

minimum width of the entry/exit of the 

sleeper berth from the interior of the 

motorcoach does not degrade the level 

of safety for a driver exiting or entering 

the sleeper berth, especially given that 

the measured height of the prototype 

entry is 8 inches taller than the 

minimum allowable height of 18 inches. 

FMCSA also notes that Van Hool/Coach 

USA has provided a secondary 

emergency exit to the exterior of the 

vehicle. 

2. Mr. Lawrence Hanley of the 

Amalgamated Transit Union (ATU) 

submitted comments opposing the use 

of sleeper berths generally, but did not 

provide any comments specifically 

relating to the reduced size of the exit 

from the sleeper berth that is the subject 

of this exemption application. 

mstockstill on DSK4VPTVN1PROD with NOTICES

61374 Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Notices 

1WC is an affiliate of Canadian National Railway 

Company. 

FMCSA Response: The Van Hool/

Coach USA application only requests an 

exemption from the requirements of 

section 393.76(c)(1) of the FMCSRs 

relating to the dimensions of the entry/ 

exit into the sleeper berth. The Van 

Hool/Coach USA prototype sleeper 

berth fully conforms to all other 

requirements pertaining to sleeper 

berths in 49 CFR 393.76. 

3. Mr. John Oakman, Sr. Vice 

President of Coach USA/Megabus 

commented in support of the 

application, stating ‘‘With this 

exemption we will be able to travel with 

two drivers, while one is driving the 

other will be able to be in a legal 

sleeping berth, thus giving us a longer 

safer distance of operation.’’ 

4. Mr. Tim Wayland, President and 

Chief Operating Officer of ABC 

Companies commented in support of 

the application, stating ‘‘Approving this 

exemption would allow Coach USA to 

fulfill its obligations as an operator 

towards its drivers in meeting the hours 

of service requirements. Approval of 

this exemption will also increase the 

number of models available to the 

traveling public. Increasing the number 

of models available to the traveling 

public will result in increased ridership, 

less traffic congestion and road wear 

and tear plus positive effects on the 

environment such as lower emissions 

and consumption of natural resources.’’ 

FMCSA Decision 

Based on its evaluation of the 

application for an exemption, FMCSA 

grants the Van Hool/Coach USA 

exemption application. The Agency 

believes that the safety performance of 

motor carriers operating the subject 

double deck motorcoaches during the 2- 

year exemption period will likely 

achieve a level of safety that is 

equivalent to, or greater than, the level 

of safety achieved without the 

exemption. While the proposed entry/

exit does not meet the specific 

dimensional requirements of section 

393.76(c)(1) of the FMCSRs, (1) the 

overall area of the proposed entry/exit is 

only slightly smaller than that which is 

required, and (2) FMCSA was able to 

confirm during a physical examination 

of the double deck motorcoach that 

operators are able to easily enter/exit the 

proposed sleeper berth. Additionally, 

Van Hool/Coach USA has designed and 

installed a second emergency exit in the 

sleeper berth that is 26 inches wide and 

26.5 inches high that provides direct 

access to the exterior of the vehicle. The 

Agency hereby grants the exemption for 

a two-year period, beginning October 

10, 2014 until October 10, 2016. 

Terms and Conditions for the 

Exemption 

During the temporary exemption 

period, Coach USA/Megabus 

motorcoaches can be legally operated 

using the reduced sleeper berth entry/

exit dimensions. The motorcoaches 

must be constructed using the entry/exit 

configuration as depicted in the 

application. FMCSA encourages any 

party having information that Van Hool/ 

Coach USA, in utilizing this exemption, 

is not achieving the requisite level of 

safety immediately to notify the Agency. 

If safety is being compromised, or if the 

continuation of the exemption is not 

consistent with 49 U.S.C. 31315(b) and 

31136(e), FMCSA will take immediate 

steps to revoke the exemption. 

Preemption 

In accordance with section 381.600 of 

the FMCSRs, during the period the 

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 person 

operating under the exemption. 

Issued on: October 1, 2014. 

T.F. Scott Darling III, 

Acting Administrator. 

[FR Doc. 2014–24290 Filed 10–9–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35860] 

Wisconsin Great Northern Railroad, 

Inc.—Lease and Operation 

Exemption—Rail Line of Wisconsin 

Central, Ltd. 

Wisconsin Great Northern Railroad, 

Inc. (WGNR), a Class III rail carrier, has 

filed a verified notice of exemption 

under 49 CFR 1150.41 to lease from 

Wisconsin Central, Ltd. (WC),1 and to 

operate, pursuant to a lease agreement, 

an approximately 6.3-mile line of 

railroad between milepost 95.2 near 

Hayward Junction and milepost 101.5 at 

Hayward, in Washburn and Sawyer 

Counties, Wis. 

According to WGNR, the lease does 

not contain any provision or agreement 

that may limit future interchange of 

traffic with a third-party connecting 

carrier. WGNR states that the line 

connects with WC’s north-south main 

line at milepost 96.0 at Hayward 

Junction, Wis. 

The proposed transaction may be 

consummated on or after October 25, 

2014, the effective date of this 

exemption (30 days after the exemption 

was filed). 

WGNR certifies that the projected 

annual revenues as a result of this 

transaction will not exceed those that 

would qualify it as a Class III rail carrier 

and will not exceed $5 million. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Petitions to stay must be 

filed by October 17, 2014 (at least seven 

days prior to the date the exemption 

becomes effective). 

An original and 10 copies of all 

pleadings, referring to Docket No. FD 

35860, must be filed with the Surface 

Transportation Board, 395 E Street SW., 

Washington, DC 20423–0001. In 

addition, a copy of each pleading must 

be served on applicant’s representative, 

Thomas F. McFarland, Thomas F. 

McFarland, P.C., 208 South LaSalle 

Street, Suite 1890, Chicago, IL 60604– 

1112. 

Board decisions and notices are 

available on our Web site at 

‘‘WWW.STB.DOT.GOV.’’ 

Decided: October 7, 2014. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Brendetta S. Jones, 

Clearance Clerk. 

[FR Doc. 2014–24251 Filed 10–9–14; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Advisory Committee to the Internal 

Revenue Service; Meeting 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of meeting. 

SUMMARY: The Information Reporting 

Program Advisory Committee (IRPAC) 

will hold a public meeting on 

Wednesday, October 29, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Caryl Grant, National Public Liaison, 

CL:NPL:SRM, Rm. 7559, 1111 

Constitution Avenue NW., Washington, 

DC 20224. Phone: 202–317–6851 (not a 

toll-free number). Email address: 

PublicLiaison@irs.gov. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given pursuant to section 

10(a)(2) of the Federal Advisory 

Committee Act, 5 U.S.C. App. (1988), 

mstockstill on DSK4VPTVN1PROD with NOTICES