Hours of Service of Drivers: Application for Exemption; Rail Delivery Services, Inc. (RDS), 52767-52769 [2017-24599]
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Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions
of Proposed Highway/Interchange
Improvement in California; Statute of
Limitations on Claims
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of limitation on claims
for judicial review of actions by the
California Department of Transportation
(Caltrans), pursuant to 23 U.S.C. 327.
AGENCY:
The FHWA, on behalf of
Caltrans, is issuing this notice to
announce actions taken by Caltrans, that
are final. The actions relate to the
proposed highway project, Alameda
Creek Bridge Replacement Project on
State Route 84 (SR–84) between the City
of Fremont and the town of Sunol in
southern Alameda County, State of
California. Those actions grant licenses,
permits, and approvals for the project.
DATES: By this notice, the FHWA, on
behalf of Caltrans, is advising the public
of final agency actions subject to 23
U.S.C. 139(l)(1). A claim seeking
judicial review of the Federal Agency
Actions on the highway project will be
barred unless the claim is filed on or
before April 13, 2018. 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.
FOR FURTHER INFORMATION CONTACT: For
Caltrans: Brian Gassner, Environmental
Branch Chief, Office of Environmental
Analysis, California Department of
Transportation—District 4, 111 Grand
Avenue, Oakland, California, 8 a.m. to
5 p.m., (510) 286–6025, brian.gassner@
dot.ca.gov.
SUPPLEMENTARY INFORMATION: Effective
July 1, 2007, the Federal Highway
Administration (FHWA) assigned, and
the California Department of
Transportation (Caltrans) assumed,
environmental responsibilities for this
project pursuant to 23 U.S.C. 327.
Notice is hereby given that Caltrans, has
taken final agency actions subject to 23
U.S.C. 139(l)(1) by issuing licenses,
permits, and approvals for the following
highway project in the State of
California. Caltrans proposes to replace
the Alameda Creek Bridge and realign
the bridge approaches on SR–84 from
postmile 13.0 to 13.6. The project would
replace the existing 1928, two-lane
bridge with a new, two-lane structure
with standard eight-foot wide shoulders,
approximately 75 feet north of the
existing bridge. The purpose of this
project is to correct structural and
ethrower on DSK3G9T082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:27 Nov 13, 2017
Jkt 244001
geometric deficiencies of the Alameda
Creek Bridge and its approaches while
providing a facility that meets driver
expectations of SR–84’s operating
speed, all of which improve safety. The
actions by the Federal agencies, and the
laws under which such actions were
taken, are described in the Final
Environmental Impact Report (EIR)/
Environmental Assessment (EA) for the
project, approved on September 25,
2017, and in the Caltrans Finding of No
Significant Impact (FONSI) issued on
August 16, 2017, and in other
documents in the Caltrans project
records. The Final EIR/EA, FONSI, and
other project records are available by
contacting Caltrans at the address
provided above. The Caltrans Final EIR/
EA and FONSI can be viewed and
downloaded from the project Web site at
https://www.dot.ca.gov/d4/envdocs.htm.
This notice applies to all Federal agency
decisions as of the issuance date of this
notice and all laws under which such
actions were taken, including but not
limited to:
(1) Council on Environmental Quality
regulations;
(2) National Environmental Policy Act
(NEPA);
(3) Moving Ahead for Progress in the
21st Century Act (MAP–21);
(4) Department of Transportation Act
of 1966;
(5) Federal Aid Highway Act of 1970;
(6) Clean Air Act Amendments of
1990;
(7) Noise Control Act of 1970;
(8) 23 CFR part 772 FHWA Noise
Standards, Policies and Procedures;
(9) Department of Transportation Act
of 1966, Section 4(f);
(10) Clean Water Act of 1977 and
1987;
(11) Endangered Species Act of 1973;
(12) Migratory Bird Treaty Act;
(13) National Historic Preservation
Act of 1966, as amended;
(14) Historic Sites Act of 1935;
(15) Executive Order 13112, Invasive
Species;
(16) Executive Order 11990—
Protection of Wetlands; and
(17) Title VI of the Civil Rights Act of
1964, as amended.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal Programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(l)(1).
Tashia J. Clemons,
Director of Program Development Federal
Highway Administration, Sacramento, CA.
[FR Doc. 2017–24625 Filed 11–13–17; 8:45 am]
BILLING CODE 4910–RY–P
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52767
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0190]
Hours of Service of Drivers:
Application for Exemption; Rail
Delivery Services, Inc. (RDS)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
FMCSA announces its
decision to grant Rail Delivery Services,
Inc. (RDS), an exemption from the
logbook requirements for its drivers who
may not meet all of the conditions for
utilization of the 100 air-mile radius log
book exemption. This exemption
enables RDS’ drivers who stay within
the 100 air-mile radius, but may
occasionally take more than 12 hours to
return to their work-reporting location,
from having to complete a daily record
of duty status (RODS) on those days.
Instead the drivers will at all times use
an electronic logging device system
called Geotab to track all hours-ofservice (HOS) data including real-time
vehicle locations. FMCSA has analyzed
the exemption application and the
public comments and has determined
that the exemption, subject to the terms
and conditions imposed, is likely to
achieve a level of safety that is
equivalent to, or greater than, the level
that would be achieved absent such
exemption.
SUMMARY:
The exemption is applicable
from 12:01 a.m., November 14, 2017
through 11:59 p.m., November 14, 2022.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office
of Carrier, Driver and Vehicle Safety
Standards; Telephone: 614–942–6477.
Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Background
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from 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 the public comments, and
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52768
Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Notices
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 reason for the
grant or denial, and, if granted, the
specific person or class of persons
receiving the exemption, and the
regulatory provision or provisions from
which exemption is granted. The notice
must also specify the effective period of
the exemption (up to 5 years), and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
ethrower on DSK3G9T082PROD with NOTICES
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’’ (USDOT 520912). 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 2% of RDS
drivers exceed the daily 14-hour limit.
If a CMV is operated beyond the 14th
hour, the departments work diligently to
determine whether the truck was over
the HOS limits, or utilized for personal
conveyance. In virtually all of these
cases, owner-operators are using their
vehicles for personal conveyance.
According to RDS, nearly all 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 provision. 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 RDS
Safety Department. For this reason, RDS
has embarked on the use of system
incorporating a vehicle recording device
to accurately record all the drivers’
VerDate Sep<11>2014
16:27 Nov 13, 2017
Jkt 244001
activities, including on-duty time,
driving time, and total hours for the day.
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.
RDS believes that the use of the
electronic system, along with its
increased focus on driver training and
education, goes beyond compliance
with the Federal regulations. The
system has allowed and will continue to
allow RDS to provide additional timely
oversight of drivers and has improved,
and will enable the company to
enhance, safety and reduce fatigue.
Public Comments
On July 7, 2017, FMCSA published
notice of this application and requested
public comment (82 FR 31680). The
Agency received 17 docket comments, 6
supporting the request, including those
from the Intermodal Association of
North America (IANA); Farruggio’s
Express; and California Multimodal, Inc.
LLC. The Advocates for Highway and
Auto Safety (Advocates) and others
opposed the request.
Those in favor commented that RDS’
implementation and use of fleet
management and tracking devices
provides robust functionality with
instantaneous feedback, visibility and
transparency that far exceeds the
traditional, paper-based logbook its
drivers are required to complete under
the existing HOS rules (when not
meeting the RODS exception in 49 CFR
395.1) and ELD mandate.
Commenters also noted that RDS’
telematics provides management with
immediate data on driving events and
potentially unsafe driver behaviors,
such as HOS violations, speeding,
sudden braking, harsh cornering, and
seatbelt usage, allowing the company to
proactively manage driver safety,
training and education; and quickly
identify potential safety and/or noncompliance trends across the company.
Addressing these safety matters before
they become serious patterns and
problems, promulgates and cultivate its
safety culture on a real-time basis.
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Advocates failed to see how the
exemption would be necessary if RDS
has implemented ‘‘the Geo Tab system
[which] meets the requirements of the
ELD rule.’’ If RDS has implemented an
ELD compliant system, there is no need
for an exception from the present rule
requiring drivers who fail to meet the
100-air mile radius exception as their
RODS is automatically being recorded
by the system and carrier.
All comments are available for review
in the docket for this notice.
FMCSA Decision
FMCSA has evaluated RDS’
application for exemption and the
public comments and decided to grant
the exemption. The Agency believes
that RDS’ overall safety program will
likely enable it to 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)).
FMCSA believes that RDS’ use of the
Geotab 7 system, along with RDS’
increased focus on driver training and
education, goes beyond basic
compliance with the Federal
regulations. The electronic system will
allow RDS to provide additional timely
oversight of safety issues. FMCSA has
therefore decided to grant the
exemption, subject to the terms and
conditions outlined below.
Terms and Conditions of the Exemption
Terms of the Exemption
RDS’ drivers who stay within the 100
air-mile radius but may occasionally
exceed the 12-hour limitation are
exempt from having to complete a daily
record of duty status (RODS) at those
times if, at all times, their hours of
service data is recorded by the Geotab
system. The exemption is contingent
upon RDS maintaining USDOT
registration, minimum levels of public
liability insurance, and not being
subject to any ‘‘imminent hazard’’ or
other out-of-service (OOS) order issued
by FMCSA.
Drivers must have a copy of this
exemption document or FMCSA-issued
equivalent in their possession while
operating under the terms of the
exemption. The exemption document or
FMCSA-issued equivalent must be
presented to law enforcement officials
upon request. RDS must have a
‘‘Satisfactory’’ safety rating with
FMCSA, or be ‘‘unrated.’’
Period of the Exemption
This exemption from the
requirements of 49 CFR 395.1(e)(1) is
effective from 12:01 a.m., November 14,
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Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Notices
2017 through 11:59 p.m., November 14,
2022.
Extent of the Exemption
This exemption is limited strictly to
the provisions of 49 CFR 395.1(e)(1)
(Short haul operations; 100 air-mile
radius driver). These drivers must
comply with all other applicable
provisions of the FMCSRs.
[FR Doc. 2017–24599 Filed 11–13–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Preemption
In accordance with 49 U.S.C.
31315(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
enforce any law or regulation applicable
to interstate commerce that conflicts
with or is inconsistent with this
exemption with respect to a firm or
person operating under the exemption.
States may, but are not required to,
adopt the same exemption with respect
to operations in intrastate commerce.
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Notification to FMCSA
Under this exemption, RDS must
notify FMCSA within 5 business days of
any accident (as defined in 49 CFR
390.5), involving any of the motor
carrier’s drivers operating under the
terms of this exemption. The
notification must include the following
information:
(a) Identity of Exemption: ‘‘RDS’’
(b) Date of the accident,
(c) City or town, and State, in which
the accident occurred, or closest to the
accident scene,
(d) Driver’s name and license number,
(e) Co-driver’s name and license
number,
(f) Vehicle number and State license
number,
(g) Number of individuals suffering
physical injury,
(h) Number of fatalities,
(i) The police-reported cause of the
accident,
(j) Whether the driver was cited for
violation of any traffic laws, motor
carrier safety regulations, and
(k) The total driving time and total onduty time of the CMV driver prior to the
accident.
Accident notifications shall be
emailed to MCPSD@dot.gov.
Termination
FMCSA believes that RDS’ drivers
will continue to maintain their previous
safety record while operating under this
exemption. However, should problems
occur, FMCSA will take all steps
necessary to protect the public interest,
including revocation or restriction of the
exemption. FMCSA will immediately
revoke or restrict the exemption for
failure to comply with its terms and
conditions.
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16:27 Nov 13, 2017
Jkt 244001
Issued on: November 2, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[Docket Number FRA–2017–0111]
Notice of Application for Approval To
Discontinue or Modify a Railroad
Signal System
Under part 235 of Title 49 of the Code
of Federal Regulations (CFR) and 49
U.S.C. 20502(a), this provides the public
notice that on September 20, 2017, the
Union Pacific Railroad (UP) petitioned
the Federal Railroad Administration
(FRA) seeking approval to discontinue
or modify a signal system. FRA assigned
the petition Docket Number FRA–2017–
0111.
Applicant: Union Pacific Railroad, Mr.
Kevin D. Hicks, AVP Engineering—
Design, 1400 Douglas Street, MS 0910,
Omaha, NE 68179
Union Pacific seeks to discontinue the
automatic block signals (ABS) on the
Utah Service Unit, Montana
Subdivision, in the cities of Pocatello,
Chubbuck, Fort Hall, Blackfoot, Firth,
Shelley and Idaho Falls in the state of
Idaho.
There are 43 active Highway-Rail
Grade Crossings and 2 hot-box and
dragging equipment detectors in the
area which will remain as currently
installed.
The reason for the discontinuance of
the ABS is that the condition of the
signal system would require complete
replacement to avert safety issues and
FRA defects, and the amount of traffic
on the subdivision does not warrant the
cost of replacement.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
Docket Operations Facility, 1200 New
Jersey Avenue SE., W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
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52769
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by
December 29, 2017 will be considered
by FRA before final action is taken.
Comments received after that date will
be considered if practicable.
Anyone can search the electronic
form of any written communications
and comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
document, if submitted on behalf of an
association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better
inform its processes. 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 https://
www.transportation.gov/privacy. See
also https://www.regulations.gov/
privacyNotice for the privacy notice of
regulations.gov.
Robert C. Lauby,
Associate Administrator for Safety, Chief
Safety Officer.
[FR Doc. 2017–24559 Filed 11–13–17; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2017–0116]
Petition for Waiver of Compliance
Under part 211 of Title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on November 1, 2017, BNSF
Railway (BNSF) petitioned the Federal
Railroad Administration (FRA) for a
waiver of compliance from certain
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]]>Agencies
[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Notices]
[Pages 52767-52769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24599]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0190]
Hours of Service of Drivers: Application for Exemption; Rail
Delivery Services, Inc. (RDS)
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 Rail Delivery Services,
Inc. (RDS), an exemption from the logbook requirements for its drivers
who may not meet all of the conditions for utilization of the 100 air-
mile radius log book exemption. This exemption enables RDS' drivers who
stay within the 100 air-mile radius, but may occasionally take more
than 12 hours to return to their work-reporting location, from having
to complete a daily record of duty status (RODS) on those days. Instead
the drivers will at all times use an electronic logging device system
called Geotab to track all hours-of-service (HOS) data including real-
time vehicle locations. FMCSA has analyzed the exemption application
and the public comments and has determined that the exemption, subject
to the terms and conditions imposed, is likely to achieve a level of
safety that is equivalent to, or greater than, the level that would be
achieved absent such exemption.
DATES: The exemption is applicable from 12:01 a.m., November 14, 2017
through 11:59 p.m., November 14, 2022.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 614-942-6477. Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from 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 the public comments, and
[[Page 52768]]
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 reason for the grant or denial, and, if granted,
the specific person or class of persons receiving the exemption, and
the regulatory provision or provisions from which exemption is granted.
The notice must also specify the effective period of the exemption (up
to 5 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
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''
(USDOT 520912). 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 2% of RDS drivers exceed the daily 14-hour
limit. If a CMV is operated beyond the 14th hour, the departments work
diligently to determine whether the truck was over the HOS limits, or
utilized for personal conveyance. In virtually all of these cases,
owner-operators are using their vehicles for personal conveyance.
According to RDS, nearly all 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 provision. 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 RDS Safety Department. For this
reason, RDS has embarked on the use of system incorporating a vehicle
recording device to accurately record all the drivers' activities,
including on-duty time, driving time, and total hours for the day.
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.
RDS believes that the use of the electronic system, along with its
increased focus on driver training and education, goes beyond
compliance with the Federal regulations. The system has allowed and
will continue to allow RDS to provide additional timely oversight of
drivers and has improved, and will enable the company to enhance,
safety and reduce fatigue.
Public Comments
On July 7, 2017, FMCSA published notice of this application and
requested public comment (82 FR 31680). The Agency received 17 docket
comments, 6 supporting the request, including those from the Intermodal
Association of North America (IANA); Farruggio's Express; and
California Multimodal, Inc. LLC. The Advocates for Highway and Auto
Safety (Advocates) and others opposed the request.
Those in favor commented that RDS' implementation and use of fleet
management and tracking devices provides robust functionality with
instantaneous feedback, visibility and transparency that far exceeds
the traditional, paper-based logbook its drivers are required to
complete under the existing HOS rules (when not meeting the RODS
exception in 49 CFR 395.1) and ELD mandate.
Commenters also noted that RDS' telematics provides management with
immediate data on driving events and potentially unsafe driver
behaviors, such as HOS violations, speeding, sudden braking, harsh
cornering, and seatbelt usage, allowing the company to proactively
manage driver safety, training and education; and quickly identify
potential safety and/or non-compliance trends across the company.
Addressing these safety matters before they become serious patterns and
problems, promulgates and cultivate its safety culture on a real-time
basis.
Advocates failed to see how the exemption would be necessary if RDS
has implemented ``the Geo Tab system [which] meets the requirements of
the ELD rule.'' If RDS has implemented an ELD compliant system, there
is no need for an exception from the present rule requiring drivers who
fail to meet the 100-air mile radius exception as their RODS is
automatically being recorded by the system and carrier.
All comments are available for review in the docket for this
notice.
FMCSA Decision
FMCSA has evaluated RDS' application for exemption and the public
comments and decided to grant the exemption. The Agency believes that
RDS' overall safety program will likely enable it to 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)).
FMCSA believes that RDS' use of the Geotab 7 system, along with
RDS' increased focus on driver training and education, goes beyond
basic compliance with the Federal regulations. The electronic system
will allow RDS to provide additional timely oversight of safety issues.
FMCSA has therefore decided to grant the exemption, subject to the
terms and conditions outlined below.
Terms and Conditions of the Exemption
Terms of the Exemption
RDS' drivers who stay within the 100 air-mile radius but may
occasionally exceed the 12-hour limitation are exempt from having to
complete a daily record of duty status (RODS) at those times if, at all
times, their hours of service data is recorded by the Geotab system.
The exemption is contingent upon RDS maintaining USDOT registration,
minimum levels of public liability insurance, and not being subject to
any ``imminent hazard'' or other out-of-service (OOS) order issued by
FMCSA.
Drivers must have a copy of this exemption document or FMCSA-issued
equivalent in their possession while operating under the terms of the
exemption. The exemption document or FMCSA-issued equivalent must be
presented to law enforcement officials upon request. RDS must have a
``Satisfactory'' safety rating with FMCSA, or be ``unrated.''
Period of the Exemption
This exemption from the requirements of 49 CFR 395.1(e)(1) is
effective from 12:01 a.m., November 14,
[[Page 52769]]
2017 through 11:59 p.m., November 14, 2022.
Extent of the Exemption
This exemption is limited strictly to the provisions of 49 CFR
395.1(e)(1) (Short haul operations; 100 air-mile radius driver). These
drivers must comply with all other applicable provisions of the FMCSRs.
Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.
Notification to FMCSA
Under this exemption, RDS must notify FMCSA within 5 business days
of any accident (as defined in 49 CFR 390.5), involving any of the
motor carrier's drivers operating under the terms of this exemption.
The notification must include the following information:
(a) Identity of Exemption: ``RDS''
(b) Date of the accident,
(c) City or town, and State, in which the accident occurred, or
closest to the accident scene,
(d) Driver's name and license number,
(e) Co-driver's name and license number,
(f) Vehicle number and State license number,
(g) Number of individuals suffering physical injury,
(h) Number of fatalities,
(i) The police-reported cause of the accident,
(j) Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations, and
(k) The total driving time and total on-duty time of the CMV driver
prior to the accident.
Accident notifications shall be emailed to MCPSD@dot.gov.
Termination
FMCSA believes that RDS' drivers will continue to maintain their
previous safety record while operating under this exemption. However,
should problems occur, FMCSA will take all steps necessary to protect
the public interest, including revocation or restriction of the
exemption. FMCSA will immediately revoke or restrict the exemption for
failure to comply with its terms and conditions.
Issued on: November 2, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-24599 Filed 11-13-17; 8:45 am]
BILLING CODE 4910-EX-P
