Hours of Service of Drivers: Application for Exemption; Rail Delivery Services (RDS), 31680-31682 [2017-14273]
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31680
Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices
training for its staff and consultants,
offered by the NHI and/or the FHWA
Resource Center.
FOR FURTHER INFORMATION CONTACT:
Preparation and Comment on the Draft
Report
In consultation with ODOT, FHWA
prepared a draft audit report and
provided this draft to ODOT for a 14day review and comment period. After
considering ODOT’s comments, FHWA
published a notice in the Federal
Register on March 16, 2017, soliciting
public comment for 30-days, pursuant
to 23 U.S.C. 327(g). This notice is
available at 82 FR 14096.
Finalization of Report
The FHWA received comments on the
draft report from the American Road &
Transportation Builders Association
(ARTBA). The ARTBA’s comments were
supportive of the Surface Transportation
Project Delivery Program and did not
relate specifically to Audit #1. The team
has considered these comments in
finalizing this audit report.
Since the completion of this report,
staff from ODOT and FHWA have
established quarterly partnering
sessions where observations and other
issues relating to NEPA assignment are
being discussed, clarified, and resolved.
[FR Doc. 2017–14233 Filed 7–6–17; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions
on Proposed Gravina Access Project
in Alaska
Federal Highway
Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice of limitation of claims for
judicial review of actions by FHWA and
other Federal agencies.
AGENCY:
This notice announces final
actions taken by FWHA. The actions
relate to the proposed Gravina Access
Project in the Ketchikan Gateway
Borough in the State of Alaska. Those
actions grant approvals for the project.
DATES: By this notice, FHWA is advising
the public of final agency actions
subject to 23 U.S.C. 139(l)(1). A claim
seeking judicial review of FHWA
actions on the Gravina Access Project
will be barred unless the claim is filed
on or before December 4, 2017. If the
Federal law that authorizes judicial
review of a claim provides a time period
of less than 150 days for filing such
claim, then that shorter time period still
applies.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
SUMMARY:
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20:56 Jul 06, 2017
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Karen Pinell, Assistant Division
Administrator, Alaska Division Office,
FHWA, P.O. Box 21648, Juneau, Alaska
99802, Telephone (907) 586–7158. The
FHWA Alaska Division Office’s normal
business hours are 8:00 a.m. to 5:00 p.m.
(Alaska Standard Time), Monday
through Friday, except Federal holidays.
You may also contact Kirk Miller, P.E.,
Project Manager, DOT&PF Southcoast
Region, 6860 Glacier Highway, Juneau,
Alaska 99801–7999, Telephone (907)
465–1215. The DOT&PF Southcoast
Region’s normal business hours are 8:00
a.m. to 4:30 p.m. (Alaska Standard
Time), Monday through Friday, except
State and Federal holidays.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that FHWA has taken final
agency action subject to 23 U.S.C.
139(l)(1) by issuing licenses, permits,
and approvals for the Gravina Access
Project in the State of Alaska. The
Gravina Access Project proposes to
improve access between Revillagigedo
Island and Gravina Island in the
Ketchikan Gateway Borough, Alaska.
The project includes the following
components:
1. Reconstruction of existing airport
ferry berths to meet current design
standards;
2. Upgrades and improvements to
pedestrian facilities at the airport ferry
terminals;
3. A new heavy freight mooring
facility and new ferry layup dock on
Gravina Island;
4. Shuttle vans to carry pedestrians
and their luggage to/from the airport;
5. New toll facilities;
6. Replacement of the bridge over
Airport Creek; and
7. Reconstruction of Seley Road from
Lewis Reef Road to approximately the
end of the Airport Reserve.
The actions by FHWA and the laws
under which such actions were taken
are described in the Gravina Access
Project Final Environmental Impact
Statement (SEIS) and Record of Decision
(ROD) issued on July 7, 2017, and in
other documents in the project records.
The Final SEIS, ROD, and other project
records are available by contacting
FHWA at the address provided above.
The Final SEIS and ROD can be viewed
and downloaded from the project Web
site at: at: https://dot.alaska.gov/sereg/
projects/gravina_access/ or by
contacting FHWA at the address
provided above.
This notice applies to all FHWA
decisions as of the issuance date of this
notice and all laws under which such
actions were taken. Laws generally
applicable to such actions include but
are not limited to:
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1. General: National Environmental
Policy Act (NEPA) [42 U.S.C. 4321–
4351; Federal-Aid Highway Act [23
U.S.C. 109].
2. Wildlife: Fish and Wildlife
Coordination Act [16 U.S.C. 661–667d;
Migratory Bird Treaty Act [16 U.S.C.
703–712], Magnuson-Stevens Fisheries
Conservation and Management Act of
1976, as amended [16 U.S.C. 1801–
1891d, Bald and Golden Eagle
Protection Act [16 U.S.C. 668–668d),
Endangered Species Act (16 U.S.C
1536).
3. Waters of the U.S.: Section 404 of
the Clean Water Act [33 U.S.C. 1344].
4. Cultural Resources: Section 106 of
the National Historic Preservation Act of
1966, as amended [54 U.S.C. 306108];
Archaeological and Historic
Preservation Act [54 U.S.C. 312501–
312508]; Archaeological Resources
Protection Act of 1977 [16 U.S.C.
470(aa)-470mm].
5. Executive Orders: Executive Order
12898, Environmental Justice; Executive
Order 11988, Floodplain Management;
Executive Order 11990, Protection of
Wetlands; Executive Order 13112,
Invasive Species; Executive Order 13166
Improving Access to Services for
Persons with Limited English
Proficiency; Executive Order 13186
Migratory Birds; Executive Order 11593,
Protection and Enhancement of the
Cultural Environment; and Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments.
Authority: 23 U.S.C. 139(l)(1).
Issued On: June 27, 2017.
Sandra A. Garcia-Aline,
Alaska Division Administrator, Juneau,
Alaska.
[FR Doc. 2017–14234 Filed 7–6–17; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0175]
Hours of Service of Drivers:
Application for Exemption; Rail
Delivery Services (RDS)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
FMCSA announces that it has
received an application from Rail
Delivery Services (RDS) for an
exemption to spare its drivers who stay
within a 100 air-mile radius of their
SUMMARY:
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normal work-reporting location but may
occasionally return to that location more
than 12 hours later, from the
requirement to complete a record of
duty status (RODS) for that day. RDS
states that its fleet of commercial motor
vehicles (CMVs) are all equipped with
a Global Positioning System (GPS)
vehicle tracking device, which they
believe justifies their request for this
exemption and provides an equivalent
or greater level of safety than would be
obtained by complying with the
regulations. FMCSA requests public
comment on the RDS application for
exemption.
DATES: Comments must be received on
or before August 7, 2017.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Number
FMCSA–2017–0715 by any of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov. See the Public
Participation and Request for Comments
section below for further information.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE.,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• Fax: 1–202–493–2251.
• Each submission must include the
Agency name and the docket number for
this notice. Note that DOT posts all
comments received without change to
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov at
any time or visit Room W12–140 on the
ground level of the West Building, 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays. The on-line FDMS is available
24 hours each day, 365 days each year.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: For
information concerning this notice,
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20:56 Jul 06, 2017
Jkt 241001
contact Mr. Tom Yager, Chief, FMCSA
Driver and Carrier Operations Division;
Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 614–942–
6477. Email: MCPSD@dot.gov. If you
have questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. 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 (FMCSA–2017–0175), indicate
the specific section of this document to
which the comment applies, and
provide a reason for suggestions or
recommendations. 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 comments online, go
to www.regulations.gov and put the
docket number, ‘‘FMCSA–2017–0175’’
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, self-addressed postcard or
envelope. FMCSA will consider all
comments and material received during
the comment period and may grant or
not grant this application based on your
comments.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
for up to 5 years from certain parts of
the Federal Motor Carrier Safety
Regulations (FMCSRs). 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,
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31681
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 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)).
III. Request for Exemption
RDS is, according to its Web site at
www.raildelivery.com, a ‘‘Californiabased intermodal trucking company
moving freight, trailers and containers
between railroads, ports, consignees and
shippers, reliably and efficiently
throughout California and adjacent
states.’’ RDS believes that all of its
drivers—approximately 100–120—
would operate under the terms of the
requested exemption from the 12-hour
limitation in the log-book exception in
49 CFR 395.1(e)(1). On a weekly basis,
RDS expects that about 15% of its
drivers will return to their work
reporting location more than 12 hours
after coming on duty, due to waiting
times at rail yards and shipper
locations, while still operating within
the required 100 air-mile radius. The
drivers who occasionally exceed the 12hour limitation nearly always return to
the terminal within 14 hours.
On average, less than .02% of RDS
drivers exceed the daily 14-hour limit.
A detailed report of hours worked is
generated each morning, which is
reviewed daily by dispatchers and the
Safety Department. If a CMV is operated
beyond the 14th hour, the departments
work diligently to determine whether
the truck was over the hours-of-service
(HOS) limits, or utilized for personal
conveyance. In virtually all of these
cases, owner-operators are using their
vehicles for personal conveyance, which
is allowed by the HOS rules.
According to RDS, at the present time,
virtually all of its drivers operate within
a 70- to 80-mile radius of their home
terminal. They are home every day and
for the most part meet the exemption
requirements of the 100 air-mile radius
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices
driver. Some of these drivers record
their hours worked on an ‘‘exempt’’ log.
Other drivers complete a grid log, even
though they meet the 100 air-mile
radius exemption. Both types of paper
logs are time consuming for the drivers
and the Safety Department. For this
reason, RDS has embarked on the use of
a vehicle recording device, which has
helped increase the company’s safety
performance. It accurately records all of
the drivers’ activities including on-duty
time, driving time, and total hours for
the day. RDS is using the Geotab 7
system, a global positioning system
(GPS) that tracks the location of the
vehicle.
This electronic system allows for
accuracy and ‘‘real-time’’ follow up.
RDS believes that with this system it is
improving the safety of the motoring
public by ensuring that the drivers do
not falsify their log books or operate
when they are tired. Additionally,
proactive measures have been
implemented by RDS to improve
highway safety. RDS states that the use
of a daily log book or an ‘‘exempt’’ log
does not enable the carrier to monitor
and respond to these events in ‘‘realtime.’’ Violations are discovered 12 to
24 hours later. However, with the
electronic tracking system all
departments see the events in ‘‘realtime’’ and can respond immediately.
This GPS system has allowed the Safety
Department to reduce the time spent
auditing log books after the fact.
RDS believes that the use of the
Geotab 7 system, along with their
increased focus on driver training and
education, goes beyond compliance
with the Federal regulations. The
system has allowed them to provide
‘‘real time’’ oversight of the company’s
safety program. Every time a driver
exceeds posted speed limits an email
alert is sent to the Safety Department,
dispatchers, and terminal management.
Drivers are notified via email and phone
when safe to do so, advising them of the
need to slow down. Drivers also receive
email notifications, letters, and phone
calls for instances of harsh cornering
and hard braking. When notified of
these critical events, RDS’s drivers
receive critical information on why and
how to improve vehicle handling to
avoid rollovers, and how to better judge
following distance and other issues to
avoid hard braking.
RDS states that its procedures are
designed to ensure that it leases only the
highest caliber of drivers with a proven
record of safe driving. RDS is committed
to ensuring that its drivers operate in a
way that protects the motoring public.
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20:56 Jul 06, 2017
Jkt 241001
IV. Method To Ensure an Equivalent or
Greater Level of Safety
If this exemption is granted, RDS
proposes to implement the following
conditions on its use of this exemption:
• Allow FMCSA and the State
enforcement partners access to its data
as both a monitoring and training tool.
This would be provided to the Agency
and State partners by granting them
access at any time through RDS’s web
portal.
• RDS will maintain a Satisfactory
safety rating.
• RDS drivers will carry a copy of the
exemption with them when operating
the CMV.
• RDS will conduct a minimum of
four safety meetings per year.
• RDS will continue their ongoing
immediate notification and training for
any drivers who exceed a speed limit.
• RDS will continue its ongoing
immediate notification and training for
any drivers who exceed the HOS limits.
A copy of the RDS application for
exemption is available for review in the
docket for this notice.
Issued on: June 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–14273 Filed 7–6–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0354]
Agency Information Collection
Activities; Extension of a CurrentlyApproved Information Collection:
Accident Recordkeeping Requirements
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995
(PRA), FMCSA announces its plan to
submit the Information Collection
Request (ICR) described below to the
Office of Management and Budget
(OMB) for its review and approval.
FMCSA is requesting approval to extend
a currently-approved ICR entitled
‘‘Accident Recordkeeping
Requirements.’’ This ICR relates to
Agency requirements that motor carriers
maintain a record of accidents involving
their commercial motor vehicles
(CMVs). On March 22, 2017, FMCSA
published a Federal Register notice
announcing an increase in the Agency’s
SUMMARY:
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Fmt 4703
Sfmt 4703
estimate of the total informationcollection (IC) burden of this
requirement and asked for public
comment. No comments were received.
The regulatory burden has not changed,
but the population of motor carriers has
increased, both organically and because
the Agency now includes the
population of intrastate motor carriers
in this ICR.
DATES: Please send your comments by
August 7, 2017. OMB must receive your
comments by this date to act quickly on
the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2016–0354. Interested persons
are invited to submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the attention of
the OMB Desk Officer, DOT/FMCSA,
and sent via electronic mail to oira_
submission@omb.eop.gov, faxed to (202)
395–6974, or mailed to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Docket Library, Room 10102, 725 17th
Street NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert F. Schultz, FMCSA Driver and
Carrier Operations Division, DOT,
FMCSA, West Building 6th Floor, 1200
New Jersey Avenue SE., Washington,
DC 20590. Telephone: 202–366–4325.
Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Title: Accident Recordkeeping
Requirements.
OMB Control Number: 2126–0009.
Type of Request: Extension of a
currently approved information
collection.
Respondents: Motor Carriers.
Estimated Number of Respondents:
886,122 motor carriers.
Estimated Number of Responses:
120,522.
Estimated Time per Response: 18
minutes.
Expiration Date: July 31, 2017.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
36,157 hours [120,522 accidents × 18
minutes per response/60 minutes in an
hour].
Definition: ‘‘Accident’’ means an
occurrence involving a CMV operating
on a public road that results in: (1) A
fatality, (2) bodily injury to a person
who, because of the injury, immediately
receives medical treatment away from
the scene of the accident, or (3) one or
more motor vehicles being towed from
the scene due to disabling damage (49
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Agencies
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31680-31682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14273]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0175]
Hours of Service of Drivers: Application for Exemption; Rail
Delivery Services (RDS)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces that it has received an application from Rail
Delivery Services (RDS) for an exemption to spare its drivers who stay
within a 100 air-mile radius of their
[[Page 31681]]
normal work-reporting location but may occasionally return to that
location more than 12 hours later, from the requirement to complete a
record of duty status (RODS) for that day. RDS states that its fleet of
commercial motor vehicles (CMVs) are all equipped with a Global
Positioning System (GPS) vehicle tracking device, which they believe
justifies their request for this exemption and provides an equivalent
or greater level of safety than would be obtained by complying with the
regulations. FMCSA requests public comment on the RDS application for
exemption.
DATES: Comments must be received on or before August 7, 2017.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2017-0715 by any of the following
methods:
Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone: 614-942-6477. Email: MCPSD@dot.gov. If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. 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 (FMCSA-2017-0175), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. 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 comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2017-0175'' 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 8\1/2\ 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, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period and may grant or not grant this application
based on your comments.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions for up to 5 years from certain parts of the Federal Motor
Carrier Safety Regulations (FMCSRs). 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 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)).
III. Request for Exemption
RDS is, according to its Web site at www.raildelivery.com, a
``California-based intermodal trucking company moving freight, trailers
and containers between railroads, ports, consignees and shippers,
reliably and efficiently throughout California and adjacent states.''
RDS believes that all of its drivers--approximately 100-120--would
operate under the terms of the requested exemption from the 12-hour
limitation in the log-book exception in 49 CFR 395.1(e)(1). On a weekly
basis, RDS expects that about 15% of its drivers will return to their
work reporting location more than 12 hours after coming on duty, due to
waiting times at rail yards and shipper locations, while still
operating within the required 100 air-mile radius. The drivers who
occasionally exceed the 12-hour limitation nearly always return to the
terminal within 14 hours.
On average, less than .02% of RDS drivers exceed the daily 14-hour
limit. A detailed report of hours worked is generated each morning,
which is reviewed daily by dispatchers and the Safety Department. If a
CMV is operated beyond the 14th hour, the departments work diligently
to determine whether the truck was over the hours-of-service (HOS)
limits, or utilized for personal conveyance. In virtually all of these
cases, owner-operators are using their vehicles for personal
conveyance, which is allowed by the HOS rules.
According to RDS, at the present time, virtually all of its drivers
operate within a 70- to 80-mile radius of their home terminal. They are
home every day and for the most part meet the exemption requirements of
the 100 air-mile radius
[[Page 31682]]
driver. Some of these drivers record their hours worked on an
``exempt'' log. Other drivers complete a grid log, even though they
meet the 100 air-mile radius exemption. Both types of paper logs are
time consuming for the drivers and the Safety Department. For this
reason, RDS has embarked on the use of a vehicle recording device,
which has helped increase the company's safety performance. It
accurately records all of the drivers' activities including on-duty
time, driving time, and total hours for the day. RDS is using the
Geotab 7 system, a global positioning system (GPS) that tracks the
location of the vehicle.
This electronic system allows for accuracy and ``real-time'' follow
up. RDS believes that with this system it is improving the safety of
the motoring public by ensuring that the drivers do not falsify their
log books or operate when they are tired. Additionally, proactive
measures have been implemented by RDS to improve highway safety. RDS
states that the use of a daily log book or an ``exempt'' log does not
enable the carrier to monitor and respond to these events in ``real-
time.'' Violations are discovered 12 to 24 hours later. However, with
the electronic tracking system all departments see the events in
``real-time'' and can respond immediately. This GPS system has allowed
the Safety Department to reduce the time spent auditing log books after
the fact.
RDS believes that the use of the Geotab 7 system, along with their
increased focus on driver training and education, goes beyond
compliance with the Federal regulations. The system has allowed them to
provide ``real time'' oversight of the company's safety program. Every
time a driver exceeds posted speed limits an email alert is sent to the
Safety Department, dispatchers, and terminal management. Drivers are
notified via email and phone when safe to do so, advising them of the
need to slow down. Drivers also receive email notifications, letters,
and phone calls for instances of harsh cornering and hard braking. When
notified of these critical events, RDS's drivers receive critical
information on why and how to improve vehicle handling to avoid
rollovers, and how to better judge following distance and other issues
to avoid hard braking.
RDS states that its procedures are designed to ensure that it
leases only the highest caliber of drivers with a proven record of safe
driving. RDS is committed to ensuring that its drivers operate in a way
that protects the motoring public.
IV. Method To Ensure an Equivalent or Greater Level of Safety
If this exemption is granted, RDS proposes to implement the
following conditions on its use of this exemption:
Allow FMCSA and the State enforcement partners access to
its data as both a monitoring and training tool. This would be provided
to the Agency and State partners by granting them access at any time
through RDS's web portal.
RDS will maintain a Satisfactory safety rating.
RDS drivers will carry a copy of the exemption with them
when operating the CMV.
RDS will conduct a minimum of four safety meetings per
year.
RDS will continue their ongoing immediate notification and
training for any drivers who exceed a speed limit.
RDS will continue its ongoing immediate notification and
training for any drivers who exceed the HOS limits.
A copy of the RDS application for exemption is available for review
in the docket for this notice.
Issued on: June 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-14273 Filed 7-6-17; 8:45 am]
BILLING CODE 4910-EX-P