Hours of Service of Drivers: Application for Exemption; American Disposal Services, Inc. (ADS), 203-204 [2017-28122]
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Federal Register / Vol. 83, No. 1 / Tuesday, January 2, 2018 / Notices
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.
daltland on DSKBBV9HB2PROD with NOTICES
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
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
AESC is requesting an exemption on
behalf of well service rig contractors
from the requirement in 49 CFR part
395.8(a) that motor carriers ensure their
drivers use ELDs in place of written logs
to record their duty status for each 24hour period. The term of the requested
exemption is for five years, subject to
renewal. According to AESC, complying
with the ELD requirement would be
overly burdensome for well service rig
contractors without providing any
measurable safety benefit. The drivers of
VerDate Sep<11>2014
19:54 Dec 29, 2017
Jkt 244001
well service rigs hold commercial
driver’s licenses and typically operate
under the short-haul exception. While
drivers must record their duty status on
paper on any day they exceed the
requirements of the short-haul
exception, the changes that take effect
on December 18, 2017, would require
drivers to use an ELD whenever they
exceed the 8 in 30-day threshold HOS
exception.
AESC contends that without the
exemption well service rig contractors
would have to monitor the number of
days their drivers exceed the
requirements of the short-haul
exception, including if a driver
exceeded the short-haul exception on
any day in a rolling 30-day period
immediately before the employer hired
the driver. Contractors would have to
purchase ELDs, train the drivers on their
usage and monitor compliance.
AESC explained that well service rig
drivers operate under different
circumstances than long-haul truck
drivers. Well service rig drivers spend
very little time on public roads, in
contrast to long-haul truck drivers, who
spend most of their on-duty hours
driving on public roads. Depending on
the service required at the oil well, a
well service rig spends two to five days
parked at a single location or sometimes
longer. The oil well serves as the daily
work reporting location, and the well
service rigs remain stationary at that
location until the job is completed.
AESC asserts that exempting well
service rig contractors from the ELD
requirement would have no impact on
safety for several reasons. First, drivers
would continue to maintain written
RODS logs on any day that they exceed
the requirements of the short-haul
exception. Second, drivers typically
spend little time on public roads. Third,
contractors are required to maintain
time records for their drivers. Fourth,
contractors and drivers otherwise must
comply with the HOS requirements.
AESC further asserts that a level of
safety that is equivalent, or greater than,
the level of safety obtained by
complying with the regulation will be
maintained by continuing the practices
already being exercised in the industry.
AESC reports that one current method
of ensuring safety is the process of a
contractor obtaining a permit from the
State prior to driving the well service rig
on a public highway. Well service rigs
are then provided an escort as they
move to their next location.
A copy of AESC’s application for
exemption is available for review in the
docket for this notice.
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
203
Issued on: December 22, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–28123 Filed 12–29–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0361]
Hours of Service of Drivers:
Application for Exemption; American
Disposal Services, Inc. (ADS)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
FMCSA announces that
American Disposal Services, Inc. (ADS)
has requested an exemption from the
requirement that a motor carrier install
and require each of its drivers to use an
electronic logging device (ELD) to
record the driver’s hours-of-service
(HOS) no later than December 18, 2017.
ADS further requested an exemption
from the required use of paper records
of duty status (RODS). ADS requests
these exemptions for all of its operators
of a commercial motor vehicle (CMV) in
their company and their affiliates.
FMCSA would extend the exemption to
all carriers with similar operational
scenarios if the exemption were granted
in entirety or in part. ADS advises that
ELD systems cannot accurately record
driving time for a CMV that stops at
each house along their trash and
recycling residential routes, with the
driver often leaving the vehicle. ADS
believes that the exemptions, if granted,
will achieve a level of safety that is
equivalent to, or greater than, the level
that would be achieved absent the
exemptions. FMCSA requests public
comment on the ADS application for
exemptions.
SUMMARY:
Comments must be received on
or before February 1, 2018.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Number
FMCSA–2017–0361 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.
DATES:
E:\FR\FM\02JAN1.SGM
02JAN1
204
Federal Register / Vol. 83, No. 1 / Tuesday, January 2, 2018 / Notices
• 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. 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.
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.
daltland on DSKBBV9HB2PROD with NOTICES
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2017–0361), 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
VerDate Sep<11>2014
19:54 Dec 29, 2017
Jkt 244001
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–2017–0361’’
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
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 Exemptions
American Disposal Services, Inc.
(ADS) is a trash hauling and recycling
company with over 300 commercial
driver’s license (CDL) drivers servicing
over 390,000 customers in four states
PO 00000
Frm 00107
Fmt 4703
Sfmt 9990
with more than 400 commercial motor
vehicles (CMVs). Each route has 800–
1,200 stops/customers per day. Their
drivers, on the average, service a home
every 22 seconds and exit the truck
about one-third to one-half of the time
to assist the laborer.
ADS has been using the multiple stop
rule, ‘‘treating all the stops in a village,
town or city as one.’’ (See Regulatory
Guidance Question 6 to Section 395.8.)
The drivers leave the yard on driving
time and at the first stop on the route
they change their status to on-duty, notdriving time for next 500 stops. When
it is time to go to the landfill, the drivers
change their status from not-driving
time back to driving. ADS operations
fall under the 100 air-mile short haul
exemption in Section 395.1(e)(1).
However, they currently exceed the 12hour limitation more than 8 times in
any 30 consecutive days per driver, and
would therefore be required to use
ELDs.
ADS applies for the exemption from
the required use of ELDs and paper logs
as they state that there is no ELD that
can accurately record driving time when
the CMV makes constant short
movements with the driver often exiting
the vehicle.
ADS states that the considerable
investment in equipment, training, and
extra manpower required to use ELDs
would not assist them to meet the
FMCSA regulations, and, which
according to them, would result in a
significant financial burden and ‘‘waste
of money.’’
IV. Method To Ensure an Equivalent or
Greater Level of Safety
According to ADS, safety will not be
affected unless one considers less
distracted time by not using an ELD,
which would be an improvement. ADS
believes that paper logs or ELDs for their
type of operation will not improve
safety. The use of an ELD that cannot
calculate the multiple stops would
result in inaccurate data. such as actual
time spent driving.
A copy of ADS’s application for
exemptions is available for review in the
docket for this notice.
Issued on: December 22, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–28122 Filed 12–29–17; 8:45 am]
BILLING CODE 4910–EX–P
E:\FR\FM\02JAN1.SGM
02JAN1
]]>Agencies
[Federal Register Volume 83, Number 1 (Tuesday, January 2, 2018)]
[Notices]
[Pages 203-204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28122]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0361]
Hours of Service of Drivers: Application for Exemption; American
Disposal Services, Inc. (ADS)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces that American Disposal Services, Inc. (ADS)
has requested an exemption from the requirement that a motor carrier
install and require each of its drivers to use an electronic logging
device (ELD) to record the driver's hours-of-service (HOS) no later
than December 18, 2017. ADS further requested an exemption from the
required use of paper records of duty status (RODS). ADS requests these
exemptions for all of its operators of a commercial motor vehicle (CMV)
in their company and their affiliates. FMCSA would extend the exemption
to all carriers with similar operational scenarios if the exemption
were granted in entirety or in part. ADS advises that ELD systems
cannot accurately record driving time for a CMV that stops at each
house along their trash and recycling residential routes, with the
driver often leaving the vehicle. ADS believes that the exemptions, if
granted, will achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent the exemptions.
FMCSA requests public comment on the ADS application for exemptions.
DATES: Comments must be received on or before February 1, 2018.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2017-0361 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.
[[Page 204]]
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. Thomas Yager, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone: 614-942-6477. Email: [email protected]. 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-2017-0361), 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-2017-0361'' 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 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 Exemptions
American Disposal Services, Inc. (ADS) is a trash hauling and
recycling company with over 300 commercial driver's license (CDL)
drivers servicing over 390,000 customers in four states with more than
400 commercial motor vehicles (CMVs). Each route has 800-1,200 stops/
customers per day. Their drivers, on the average, service a home every
22 seconds and exit the truck about one-third to one-half of the time
to assist the laborer.
ADS has been using the multiple stop rule, ``treating all the stops
in a village, town or city as one.'' (See Regulatory Guidance Question
6 to Section 395.8.) The drivers leave the yard on driving time and at
the first stop on the route they change their status to on-duty, not-
driving time for next 500 stops. When it is time to go to the landfill,
the drivers change their status from not-driving time back to driving.
ADS operations fall under the 100 air-mile short haul exemption in
Section 395.1(e)(1). However, they currently exceed the 12-hour
limitation more than 8 times in any 30 consecutive days per driver, and
would therefore be required to use ELDs.
ADS applies for the exemption from the required use of ELDs and
paper logs as they state that there is no ELD that can accurately
record driving time when the CMV makes constant short movements with
the driver often exiting the vehicle.
ADS states that the considerable investment in equipment, training,
and extra manpower required to use ELDs would not assist them to meet
the FMCSA regulations, and, which according to them, would result in a
significant financial burden and ``waste of money.''
IV. Method To Ensure an Equivalent or Greater Level of Safety
According to ADS, safety will not be affected unless one considers
less distracted time by not using an ELD, which would be an
improvement. ADS believes that paper logs or ELDs for their type of
operation will not improve safety. The use of an ELD that cannot
calculate the multiple stops would result in inaccurate data. such as
actual time spent driving.
A copy of ADS's application for exemptions is available for review
in the docket for this notice.
Issued on: December 22, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-28122 Filed 12-29-17; 8:45 am]
BILLING CODE 4910-EX-P
