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Federal Register / Vol. 83, No.

212 / Thursday, November 1, 2018 / Notices 54975

that presents a threat to national note, et seq.), Delegation of Authority process. DOT posts these comments,
security. The program is currently No. 234 of October 1, 1999, and without edit, including any personal
operating on a pilot basis consistent Delegation of Authority No. 236–3 of information the commenter provides, to
with the Department of State, Foreign August 28, 2000., as
Operations, and Related Programs described in the system of records
Marie Therese Porter Royce,
Appropriations Act, 2018 (Div. K, Pub. notice (DOT/ALL–14 FDMS), which can
L. 115–141). Assistant Secretary for Educational and be reviewed at
Cultural Affairs, Department of State.
Methodology [FR Doc. 2018–23902 Filed 10–31–18; 8:45 am] Docket: Background documents or
The Department collects information BILLING CODE 4710–05–P comments received may be read at
through mail, fax, or electronic at any time.
submission. Follow the online instructions for
Cathy J. Read, DEPARTMENT OF TRANSPORTATION accessing the docket or go to the Docket
Operations in Room W12–140 of the
Procurement Executive, Bureau of Federal Aviation Administration
Administration, Department of State.
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC
[FR Doc. 2018–23842 Filed 10–31–18; 8:45 am] [Summary Notice No. 2018–87]
20590–0001, between 9 a.m. and 5 p.m.,
Petition for Exemption; Summary of Monday through Friday, except Federal
Petition Received; The Boeing holidays.
Miles Anderson (202) 267–8624, Office
[Public Notice: 10597] AGENCY: Federal Aviation of Rulemaking, Federal Aviation
Administration (FAA), Department of Administration, 800 Independence
Notice of Determinations; Culturally Transportation (DOT). Avenue SW, Washington, DC 20591.
Significant Objects Imported for ACTION: Notice. This notice is published pursuant to
Exhibition—Determinations: ‘‘Play It 14 CFR 11.85.
Loud: Instruments of Rock & Roll’’ SUMMARY: This notice contains a Issued in Washington, DC, on October 29,
Exhibition summary of a petition seeking relief 2018.
SUMMARY: Notice is hereby given of the from specified requirements of Federal Lirio Liu,
following determinations: I hereby Aviation Regulations. The purpose of
Executive Director, Office of Rulemaking.
determine that certain objects to be this notice is to improve the public’s
included in the exhibition ‘‘Play It awareness of, and participation in, the Petition for Exemption
Loud: Instruments of Rock & Roll,’’ FAA’s exemption process. Neither Docket No.: FAA–2018–0911.
imported from abroad for temporary publication of this notice nor the Petitioner: The Boeing Company.
exhibition within the United States, are inclusion or omission of information in Section(s) of 14 CFR Affected:
of cultural significance. The objects are the summary is intended to affect the § 91.527(a).
imported pursuant to loan agreements legal status of the petition or its final Description of Relief Sought: The
with the foreign owners or custodians. disposition. Boeing Company seeks an exemption
I also determine that the exhibition or DATES: Comments on this petition must from § 91.527(a) at amendment 91–310
display of the exhibit objects at The identify the petition docket number and with respect to operating the 777–9 and
Metropolitan Museum of Art, New York, must be received on or before November 777–8 ‘‘777X’’ series aircraft in icing
New York, from on or about April 1, 21, 2018. conditions. This exemption would
2019, until on or about September 15, permit The Boeing Company to operate
ADDRESSES: Send comments identified
2019, at the Rock & Roll Hall of Fame, such aircraft within the holdover times
by docket number FAA–2018–0911 of the other critical surfaces of the
Cleveland, Ohio, from on or about using any of the following methods:
November 20, 2019, until on or about aircraft without specific consideration
• Federal eRulemaking Portal: Go to of the folding wingtip (FWT) conditions.
September 13, 2020, and at possible and follow
additional exhibitions or venues yet to The exemption would be limited by the
the online instructions for sending your Airplane Flight Manual (AFM)—
be determined, is in the national comments electronically.
interest. I have ordered that Public Miscellaneous Limitations notation that
• Mail: Send comments to Docket defines conditions under which takeoff
Notice of these determinations be Operations, M–30; U.S. Department of
published in the Federal Register. without appropriate de/anti-icing
Transportation, 1200 New Jersey treatment of the FWT is not permitted.
Elliot Chiu, Attorney-Adviser, Office of [FR Doc. 2018–23886 Filed 10–31–18; 8:45 am]
Building Ground Floor, Washington, DC
the Legal Adviser, U.S. Department of 20590–0001. BILLING CODE 4910–13–P

State (telephone: 202–632–6471; email: • Hand Delivery or Courier: Take The mailing comments to Docket Operations in
address is U.S. Department of State, DEPARTMENT OF TRANSPORTATION
Room W12–140 of the West Building
L/PD, SA–5, Suite 5H03, Washington, Ground Floor at 1200 New Jersey Federal Motor Carrier Safety
DC 20522–0505. Avenue SE, Washington, DC 20590– Administration
SUPPLEMENTARY INFORMATION: The 0001, between 9 a.m. and 5 p.m.,
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foregoing determinations were made Monday through Friday, except Federal [Docket No. FMCSA–2018–0175]
pursuant to the authority vested in me holidays.
Hours of Service of Drivers: American
by the Act of October 19, 1965 (79 Stat. • Fax: Fax comments to Docket
Concrete Pumping Association
985; 22 U.S.C. 2459), E.O. 12047 of Operations at (202) 493–2251.
(ACPA); Application for Exemption
March 27, 1978, the Foreign Affairs Privacy: In accordance with 5 U.S.C.
Reform and Restructuring Act of 1998 553(c), DOT solicits comments from the AGENCY:Federal Motor Carrier Safety
(112 Stat. 2681, et seq.; 22 U.S.C. 6501 public to better inform its rulemaking Administration (FMCSA), DOT.

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54976 Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Notices

ACTION: Notice of final disposition. including any safety analyses that have ACPA explained that, like ready-
been conducted. The Agency must also mixed concrete delivery trucks and
SUMMARY: FMCSA announces its provide an opportunity for public asphalt pavement delivery trucks,
decision to grant the American Concrete comment on the request. concrete pumps work with a perishable
Pumping Association (ACPA) request product delivered on a just-in-time
The Agency reviews safety analyses
for exemption from the requirement that basis. Timing and scheduling are critical
and public comments submitted, and
short-haul drivers utilizing the records to ensure a high-quality result. Allowing
determines whether granting the
of duty status (RODS) exception return concrete pump drivers to use the short-
exemption would likely achieve a level
to their normal work-reporting location haul exception, but return to their
of safety equivalent to, or greater than,
within 12 hours of coming on duty. The reporting location within 14 hours
the level that would be achieved by the
exemption enables all concrete pump instead of 12 hours, would harmonize
current regulation (49 CFR 381.305).
operators, concrete pumping companies, the hours-of-service rules for drivers of
The decision of the Agency must be
and drivers who operate concrete concrete pumps with the rules for
published in the Federal Register (49
pumps to use the short-haul exception drivers of the vehicles that supply the
CFR 381.315(b)) with the reasons for
but return to their work-reporting concrete.
denying or granting the application and,
location within 14 hours instead of the ACPA explained that only a small
if granted, the name of the person or
usual 12 hours. FMCSA has analyzed percentage of the concrete pump
class of persons receiving the
the exemption application and the operator’s time is spent driving. On
exemption, and the regulatory provision
public comments and has determined average, concrete pump operators spend
from which the exemption is granted.
that the exemption, subject to the terms between 25–32% of their time driving
The notice must also specify the
and conditions imposed, will achieve a during a shift, and average daily driving
effective period (up to 5 years) and
level of safety that is equivalent to, or distances are 20–25 miles. A pump
explain the terms and conditions of the
greater than, the level that would be operator has plenty of rest time with
exemption. The exemption may be
achieved absent such exemption. breaks ranging from 33%–55% of their
renewed (49 CFR 381.300(b)) exemption
DATES: This exemption is effective may be renewed (49 CFR 381.300(b)). total time pumping. The majority of an
November 1, 2018 and expires October operator’s time is spent waiting on
31, 2023. III. Request for Exemption ready-mixed concrete for them to pump.
FOR FURTHER INFORMATION CONTACT: For ACPA further explained that a
ACPA seeks an exemption from the concrete pump cannot operate without
information concerning this notice, restriction of the RODS exception for
please contact Ms. Pearlie Robinson, concrete supplied by a ready-mixed
short-haul drivers who return to their truck. Having conflicting requirements
FMCSA Driver and Carrier Operations normal work reporting location and are
Division; Telephone: (202) 366–4225; creates confusion on job sites. Clear and
released from work within 12 hours [49 consistent requirements between the
Email: If you have CFR 395.1(e)(1)(ii)(A)]. Specifically,
questions on viewing or submitting concrete pumps and the ready-mixed
ACPA requests that concrete pump trucks will help ensure an equivalent
material to the docket, contact Docket operators be treated the same as drivers
Services, telephone (202) 366–9826. level of safety on the job site. ACPA
operating ready-mixed concrete delivery adds that concrete pumping and
SUPPLEMENTARY INFORMATION: vehicles as provided in 49 CFR placement companies work in
I. Public Participation 395.1(e)(1)(ii)(B). Section collaboration with ready-mixed
395.1(e)(1)(ii)(B) allows drivers of ready- companies. Scheduling local business
Viewing Comments and Documents mixed concrete delivery vehicles to rely contracts in compliance with State and
To view comments, as well as on the short-haul exception provided Federal regulations is complicated,
documents mentioned in this preamble they return to their work-reporting given that some concrete companies
as being available in the docket, go to locations and are released from work operate under different FMCSA rules. and insert the within 14 consecutive hours. The ACPA asserts that the concrete
docket number, FMCSA–2018–0175 in requested exemption would apply pumping industry has a solid safety
the ‘‘Keyword’’ box and click ‘‘Search.’’ industry-wide to all concrete pump record. Break periods, spent waiting for
Next, click the ‘‘Open Docket Folder’’ operators, concrete pumping companies, the ready-mixed truck deliveries,
button and choose the document to and drivers who deliver, set-up, and provide opportunity for concrete pump
review. If you do not have access to the operate concrete pumps across the operators to rest and relax. The ACPA
internet, you may view the docket United States. Operator Certification Program ensures,
online by visiting the Docket ACPA currently represents more than encourages, and educates the concrete
Management Facility in Room W12–140 600 member companies employing over pump operators on safe concrete
on the ground floor of the DOT West 7,000 workers nationwide. The pumping and placement procedures.
Building, 1200 New Jersey Avenue SE, exemption would be applied to all These safety practices allow concrete
Washington, DC 20590, between 9 a.m. interstate concrete pumper trucks and operators to maintain their safety record
and 5 p.m., e.t., Monday through Friday, their operators. Although many of the through careful training and well-
except Federal holidays. trucks operate intrastate and would developed safety guidelines. Because of
therefore not be covered by an FMCSA the concrete pump operators’ training
II. Legal Basis exemption, an unknown number of the and preparation and numerous rest
FMCSA has authority under 49 U.S.C. pumping trucks are operated in breaks, providing the additional 2 duty
31136(e) and 31315 to grant exemptions metropolitan areas and do routinely hours to concrete pump operators will
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from certain Federal Motor Carrier cross State lines.1 have no impact on the level of safety
Safety Regulations (FMCSRs). FMCSA provided under the short-haul
must publish a notice of each exemption 1 FMCSA does not generally have jurisdiction
exception. The requested exemption is
request in the Federal Register (49 CFR over intrastate transportation; however, most States
have commercial motor vehicle statutes and for 5 years. A copy of the ACPA’s
381.315(a)). The Agency must provide regulations that are compatible with Federal
the public an opportunity to inspect the regulations. With few exceptions, an FMCSA although some States honor them for intrastate
information relevant to the application, exemption only applies to interstate transportation, traffic.

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Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Notices 54977

application for exemption is available 2869)]. In each of these situations, the (d) City or town, and State, in which
for review in the docket for this notice. driver spends relatively little time the accident occurred, or closest to the
driving and is off duty for substantial accident scene,
IV. Public Comments
periods of time during the day, making (e) Driver’s name and license number
On June 21, 2018, FMCSA published cumulative fatigue unlikely. In any case, and State of issuance
notice of this application and requested a 14-hour driving window has been (f) Vehicle number and State license
public comment (83 FR 28898). The allowed for most drivers since early plate number,
Agency received four comments. One 2004, with no evidence of adverse (g) Number of individuals suffering
individual and the National Ready effects. There is no reason to believe physical injury,
Mixed Concrete Association (NRMCA) that the experience of drivers of (h) Number of fatalities,
filed comments in support of the concrete pump vehicles will be (i) The police-reported cause of the
proposed exemption. The Advocates for different. accident,
Highway and Auto Safety (Advocates)
and the Alliance for Driver Safety & VI. Terms and Conditions for the (j) Whether the driver was cited for
Security (Trucking Alliance) filed joint Exemption violation of any traffic laws or motor
comments in opposition to the proposed carrier safety regulations, and
(1) Drivers must return to the work (k) The driver’s total driving time and
exemption. reporting location and be released from
NRMCA wrote, ‘‘As outlined in total on-duty time period prior to the
work within 14 consecutive hours of accident.
ACPA’s request, due to the nature of
coming on duty. Reports filed under this provision
concrete pump operators’ schedules and
inherent work practices that are closely (2) Drivers must have a copy of this shall be emailed to MCPSD@DOT.GOV.
aligned with the ready mixed concrete exemption document in their possession
while operating under the terms of the Termination
industry, NRMCA agrees that increasing
the return to work-reporting location exemption. The exemption document FMCSA does not believe the drivers
threshold from 12 to 14 hours would not must be presented to law enforcement covered by this exemption will
diminish safety on our nation’s officials upon request. experience any deterioration of their
roadways and ready mixed concrete (3) All motor carriers operating under safety record. However, should this
construction sites.’’ this exemption must have a occur, FMCSA will take all steps
Mr. Jake Ford stated, ‘‘I feel the ‘‘Satisfactory’’ safety rating with necessary to protect the public interest,
FMCSA should look into expanding the FMCSA, or be ‘‘unrated.’’ Motor carriers including revocation of the exemption.
12-hour short-haul exemption to 14 with ‘‘Conditional’’ or ‘‘Unsatisfactory’’ The FMCSA will immediately revoke or
hours to more than just Concrete FMCSA safety ratings are prohibited restrict the exemption for failure to
Pumps. I work in the oilfield industry from using this exemption. comply with its terms and conditions.
as a DOT/Fleet/Compliance Manager. Issued on: October 25, 2018.
Extent of the Exemption
Just like the concrete pump operators Raymond P. Martinez,
my drivers drive very little and spend This exemption is limited to the Administrator.
85% of their time on an oilfield service provisions of 49 CFR 395.1(e)(1)(ii)(A). [FR Doc. 2018–23881 Filed 10–31–18; 8:45 am]
location operating equipment.’’ These drivers must comply will all
‘‘The Advocates and the Trucking other applicable provisions of the
Alliance oppose the ACPA Application FMCSRs.
for exemption on the grounds that the
Application fails to meet the statutory Preemption
and regulatory requirements of In accordance with 49 U.S.C.
applications for exemption. The 31313(d), as implemented by 49 CFR Internal Revenue Service
Application is defective in several 381.600, during the period this
respects since it does not justify the exemption is in effect, no State shall Proposed Collection; Comment
need for the exemption, does not access enforce any law or regulation applicable Request on Information Collection for
the safety impacts of the exemption, and to interstate commerce that conflicts Form 13768, Electronic Tax
does not explain or document how an with or is inconsistent with this Administration Advisory Committee
equivalent level of safety would be exemption with respect to a firm or Membership Application
achieved. All of which are statutory person operating under the exemption.
requirements of a valid exemption States may, but are not required to, AGENCY: Internal Revenue Service (IRS),
application.’’ adopt the same exemption with respect Treasury.
to operations in intrastate commerce. ACTION: Notice and request for
V. FMCSA Decision
FMCSA has evaluated ACPA’s Notification to FMCSA
application and the public comments SUMMARY: The Internal Revenue Service,
Any motor carrier utilizing this
and decided to grant the exemption. The as part of its continuing effort to reduce
exemption must notify FMCSA within 5
Agency believes that the exempted paperwork and respondent burden,
business days of any accident (as
concrete pump drivers will likely invites the general public and other
defined in 49 CFR 390.5), involving any
achieve a level of safety that is Federal agencies to take this
of the motor carrier’s CMVs operating
equivalent to or greater than, the level opportunity to comment on proposed
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under the terms of this exemption. The

of safety achieved without the and/or continuing information
notification must include the following
exemption [49 CFR 381.305(a)]. The collections, as required by the
Agency granted similar exemptions to Paperwork Reduction Act of 1995.
the National Asphalt Paving Association (a) Identity of the exemption: ‘‘ACPA’’ Currently, the IRS is soliciting
[January 26, 2018, (83 FR 3864)], and (b) Name of operating motor carrier comments concerning Form 13768,
the Motion Picture Association of and USDOT number, Electronic Tax Administration Advisory
America [January 19, 2018, (83 FR (c) Date of the accident, Committee Membership Application.

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