Hours of Service of Drivers: Application for Exemption; Rail Delivery Services, Inc. (RDS), 52767-52769 [2017-24599]

Download as PDF 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 http://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 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 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 E:\FR\FM\14NON1.SGM 14NON1 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. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 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, E:\FR\FM\14NON1.SGM 14NON1 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. ethrower on DSK3G9T082PROD with NOTICES 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. VerDate Sep<11>2014 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 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 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: http:// 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 E:\FR\FM\14NON1.SGM 14NON1

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]


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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