Hours of Service of Drivers: Application for Exemption; SikhsPAC and the North American Punjabiz Trucker Association, 3863-3864 [2018-01402]

Download as PDF Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices FR 40404; 64 FR 51568; 64 FR 66962; 66 FR 63289; 68 FR 64944; 70 FR 48797; 70 FR 61493; 70 FR 67776; 72 FR 64273; 74 FR 62632; 76 FR 70215; 78 FR 64280; 80 FR 63869): Terry J. Aldrige (MS) Lennie D. Baker, Jr. (NC) Jerry D. Bridges (TX) Gary R. Gutschow (WI) James J. Hewitt (WI) James R. Murphy (NY) Thomas E. Walsh (CA) Kevin P. Weinhold (MA) The drivers were included in docket numbers FMCSA–1999–5578; FMCSA– 2005–21711. Their exemptions are applicable as of November 30, 2017, and will expire on November 30, 2019. daltland on DSKBBV9HB2PROD with NOTICES IV. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must undergo an annual physical examination (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5, who attests that the driver is otherwise physically qualified under 49 CFR 391.41; (2) each driver must provide a copy of the ophthalmologist’s or optometrist’s report to the Medical Examiner at the time of the annual medical examination; and (3) each driver must provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file or keep a copy of his/ her driver’s qualification if he/her is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. V. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the 60 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the vision requirement in 49 CFR 391.41(b)(10), subject to the VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 requirements cited above. In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years unless revoked earlier by FMCSA. Issued on: January 19, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–01401 Filed 1–25–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0342] Hours of Service of Drivers: Application for Exemption; SikhsPAC and the North American Punjabiz Trucker Association Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that it has received a joint application from SikhsPAC and the North American Punjabiz Trucker Association (applicants) on behalf of their members for an exemption from the electronic logging device (ELD) requirements. The exemption would allow members involved in segments of America’s agricultural transportation industry to delay using ELDs. The applicants expressed their concerns about how the ELD mandate would negatively impact their industry if the exemption is not granted. According to the applicants, granting the exemption would achieve a level of safety equivalent to the level achieved by the ELD mandate. FMCSA requests public comment on the applicants’ application for exemption. DATES: Comments must be received on or before February 26, 2018. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA–2017–0342 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. SUMMARY: PO 00000 Frm 00191 Fmt 4703 Sfmt 4703 3863 • 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. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2017–0342), 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–2017–0342’’ E:\FR\FM\26JAN1.SGM 26JAN1 3864 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices 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. 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 In addition to this exemption request, applicants have filed a request for a delay in ELD enforcement and a request for an ELD waiver. Those issues are being addressed through separate processes and will not be discussed further in this notice. The applicants request an exemption from the ELD requirements on behalf of their members (fresh produce shippers VerDate Sep<11>2014 20:14 Jan 25, 2018 Jkt 244001 and small truck businesses). According to the applicants, many of their members are not fully prepared to meet the December 18, 2017, compliance date. Additionally, the current ELD retail marketplace does not accommodate the needs of the applicant’s industry segment, and does not factor in existing HOS exemptions currently used by members. The applicants question whether any ELD self-certified device would fully function given the lack of access to broadband in many rural areas. The applicants also expressed their concern about ELD security against cyberattacks, enforcement, cost, and training. The applicants assert that the exemption, if granted, would give the marketplace time necessary to develop cost-effective and practical solutions for the specific needs of impacted stakeholders and would allow FMCSA to properly address necessary training programs with compliant ELD options. The applicants believe that if the exemption is not granted the ELD rule will cause significant challenges and harm to fresh produce shippers and small truck businesses. According to the applicants, granting the exemption will achieve a level of safety equivalent to the level achieved by the ELD requirements. A copy of the applicants’ application for exemption is available for review in the docket for this notice. Issued on: January 19, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–01402 Filed 1–25–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0197] Hours of Service of Drivers: National Asphalt Pavement Association, Inc.; Application for Exemptions Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemptions. AGENCY: FMCSA announces its decision to grant the National Asphalt Pavement Association, (Inc.) (NAPA) request for exemptions from two requirements of the hours-of-service (HOS) regulations for all drivers of certain commercial motor vehicles (CMVs): (1) The 30-minute rest break provision and (2) the requirement that SUMMARY: PO 00000 Frm 00192 Fmt 4703 Sfmt 4703 short-haul drivers utilizing the record of duty status (RODS) exception return to their work-reporting location within 12 hours of coming on duty. The first exemption will enable drivers engaged in the transportation of asphalt and related materials to use 30 minutes or more of on-duty ‘‘waiting time’’ to satisfy the requirement for the 30minute rest break, provided they do not perform any other work during the break. The second exemption will allow these drivers to use the short-haul exception but return to their workreporting location within 14 hours instead of the usual 12 hours. DATES: This exemption is applicable January 26, 2018 and expires January 25, 2023. 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. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to www.regulations.gov and insert the docket number, FMCSA–2017–0197, in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from certain 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 E:\FR\FM\26JAN1.SGM 26JAN1

Agencies

[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3863-3864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01402]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0342]


Hours of Service of Drivers: Application for Exemption; SikhsPAC 
and the North American Punjabiz Trucker Association

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces that it has received a joint application from 
SikhsPAC and the North American Punjabiz Trucker Association 
(applicants) on behalf of their members for an exemption from the 
electronic logging device (ELD) requirements. The exemption would allow 
members involved in segments of America's agricultural transportation 
industry to delay using ELDs. The applicants expressed their concerns 
about how the ELD mandate would negatively impact their industry if the 
exemption is not granted. According to the applicants, granting the 
exemption would achieve a level of safety equivalent to the level 
achieved by the ELD mandate. FMCSA requests public comment on the 
applicants' application for exemption.

DATES: Comments must be received on or before February 26, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2017-0342 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. 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-2017-0342), 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-2017-0342''

[[Page 3864]]

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 Exemption

    In addition to this exemption request, applicants have filed a 
request for a delay in ELD enforcement and a request for an ELD waiver. 
Those issues are being addressed through separate processes and will 
not be discussed further in this notice.
    The applicants request an exemption from the ELD requirements on 
behalf of their members (fresh produce shippers and small truck 
businesses). According to the applicants, many of their members are not 
fully prepared to meet the December 18, 2017, compliance date. 
Additionally, the current ELD retail marketplace does not accommodate 
the needs of the applicant's industry segment, and does not factor in 
existing HOS exemptions currently used by members. The applicants 
question whether any ELD self-certified device would fully function 
given the lack of access to broadband in many rural areas. The 
applicants also expressed their concern about ELD security against 
cyber-attacks, enforcement, cost, and training.
    The applicants assert that the exemption, if granted, would give 
the marketplace time necessary to develop cost-effective and practical 
solutions for the specific needs of impacted stakeholders and would 
allow FMCSA to properly address necessary training programs with 
compliant ELD options. The applicants believe that if the exemption is 
not granted the ELD rule will cause significant challenges and harm to 
fresh produce shippers and small truck businesses. According to the 
applicants, granting the exemption will achieve a level of safety 
equivalent to the level achieved by the ELD requirements.
    A copy of the applicants' application for exemption is available 
for review in the docket for this notice.

    Issued on: January 19, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-01402 Filed 1-25-18; 8:45 am]
 BILLING CODE 4910-EX-P
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