Hours of Service of Drivers: Electronic Logging Devices; Application for Exemption; Truck Renting and Leasing Association, Inc., 10946-10948 [2018-05001]

Download as PDF 10946 Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Notices Transportation/Federal Motor Carrier Safety Administration, and sent via electronic mail to oira_submission@ omb.eop.gov, or faxed to (202) 395– 6974, or mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Jeff Secrist, Division Chief, East-South Division, FMCSA Office of Registration and Safety Information, Department of Transportation, Federal Motor Carrier Safety Administration, 6th Floor, West Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. Telephone: 202–385–2367 Email Address: jeff.secrist@dot.gov. Office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. SUPPLEMENTARY INFORMATION: Title: Motor Carrier Records Change Form. OMB Control Number: 2126–0060. Type of Request: Renewal information collection. Respondents: For-hire motor carriers, brokers and freight forwarders. Estimated Number of Respondents: 44,900. Estimated Time per Response: 15 minutes per response. Expiration Date: July 31, 2018. Frequency of Response: On occasion. Estimated Total Annual Burden: 11,225 hours [44,900 annual responses × 0.25 hours]. amozie on DSK30RV082PROD with NOTICES Background FMCSA registers for-hire motor carriers under 49 U.S.C. 13902, surface freight forwarders under 49 U.S.C. 13903, and property brokers under 49 U.S.C. 13904. Each registration is effective from the date specified under 49 U.S.C. 13905(c). 49 CFR part 365.413 states for-hire motor carriers, brokers and freight forwarders are required to notify the Office of Registration and Safety Information when they change the name or form of business. Currently, the name change request can be filed online through the Licensing and Insurance (L&I) website, or companies can fax or mail a letter requesting either name or address changes. Carriers can also request reinstatement of a revoked operating authority either via fax or online via the L&I website. About 39% of name change, address change, and reinstatement requests are received by mail; 38% are filed online; and 23% are filed by faxing a request letter to MC– RS. The information collected is then entered in the L&I database by FMCSA staff. This enables FMCSA to maintain VerDate Sep<11>2014 17:47 Mar 12, 2018 Jkt 244001 up-to-date records so that the agency can recognize the entity in question in case of enforcement actions or other procedures required to ensure that the carrier is fit, willing and able to provide for-hire transportation services, and so that entities whose authority has been revoked can resume operation if they are not otherwise blocked from doing so. This multi-purpose form simplifies the process of gathering the information needed to process the entities’ requests in a timely manner, with the least amount of effort for all parties involved. This multi-purpose form is filed by registrants on an as-needed basis. This multi-purpose form is on the FMCSA website so entities could access and print/fax/email the form to MC–RS. The form prompts users to report the following data points (whichever are relevant to their records change request): (1) What are the legal/doing business as (dba) names of the entity/ representative? (2) What is the contact information of entity/representatives (phone number, address, fax number, email address)? (3) What are the requested changes to name or address of entity? (4) What is the docket MC/MX/ FX number of the entity? (5) What is the US DOT number of the entity? (6) Is there any change in ownership, management or control of the entity? (7) What kind of changes is the entity making to the company? (8) Which authority does the entity/representative wish to reinstate, motor carrier or broker? (9) Does the entity/ representative authorize the fee for the name change or reinstatement? (10) Does the entity/representative authorize the reinstatement of operating authority or name/address change? (11) What is the credit card information (name, number, expiration date, address, date) for the card used to pay the fee? The Agency received three comments on the 60-day notice (82 FR 50481). The comments were not directly related to the information collection. Therefore, FMCSA did not make any changes to the information collection. Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the FMCSA to perform its functions; (2) the accuracy of the estimated burden; (3) ways for the FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 Issued under the authority delegated in 49 CFR 1.87 on: March 5, 2018. G. Kelly Regal, Associate Administrator for Office of Research and Information Technology. [FR Doc. 2018–05005 Filed 3–12–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of Unified Carrier Registration Plan Board of Directors Meeting. AGENCY: The meeting will be held on March 15, 2018, from Noon to 3:00 p.m., Eastern Standard Time. PLACE: This meeting will be open to the public via conference call. Any interested person may call 1–877–422– 1931, passcode 2855443940, to listen and participate in this meeting. STATUS: Open to the public. MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Board of Directors (the Board) will continue its work in developing and implementing the Unified Carrier Registration Plan and Agreement and to that end, may consider matters properly before the Board. An agenda for this meeting will be available no later than 5:00 p.m. EST, March 2, 2018 at: https://ucrplan.org. FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified Carrier Registration Board of Directors at (505) 827–4565. TIME AND DATE: Issued on: March 8, 2018. Larry W. Minor, Associate Administrator, Office of Policy, Federal Motor Carrier Safety Administration. [FR Doc. 2018–05152 Filed 3–9–18; 4:15 pm] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2016–0428] Hours of Service of Drivers: Electronic Logging Devices; Application for Exemption; Truck Renting and Leasing Association, Inc. Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: E:\FR\FM\13MRN1.SGM 13MRN1 Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Notices Notice of application for exemption; request for comments. ACTION: FMCSA announces that the Truck Renting and Leasing Association Inc. (TRALA) has requested an exemption until December 31, 2018, from the electronic logging device (ELD) requirements for all drivers of propertycarrying commercial motor vehicles rented for 30 days or fewer. A waiver for the same purpose and group of drivers was issued to TRALA on January 19, 2018, and expires on April 19, 2018. TRALA states that the waiver period, which is limited to 90 days, is not sufficient to address the ELD problems that they and their short-term lessors are encountering. This request, if granted, would provide rental-vehicle owners, carriers, and drivers with additional time to develop compliance strategies for dealing with the unique issues relating to the use of ELDs in short-term rental vehicles. TRALA believes that the exemption, if granted, would not have any adverse impacts on operational safety, as drivers would continue to remain subject to the hours-of-service regulations as well as the requirements to maintain a paper record of duty status. FMCSA requests public comment on TRALA’s application for exemption. DATES: Comments must be received on or before April 12, 2018. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA–2016–0428 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, amozie on DSK30RV082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:47 Mar 12, 2018 Jkt 244001 DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The on-line FDMS is available 24 hours each day, 365 days each year. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: (202) 366– 4325. 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–2016–0428), 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–2016–0428’’ 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 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 10947 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. Background TRALA is a national trade association of companies whose members rent and lease vehicles. TRALA’s membership encompasses the full spectrum of the industry, including major independent firms such as Budget, Enterprise Truck Rental, Penske Truck Leasing, Ryder System, and U Haul, as well as small and medium size businesses that generally participate as members of four leasing group systems, three of which are affiliated with a major manufacturer. TRALA states that it has nearly 500 members whose vehicles account for between 25–30% of all commercial motor vehicles (CMVs) on the highways today. TRALA advised that operators of short-term CMV rentals face challenges in complying with the ELD requirements that no other segment of the industry faces. Businesses renting CMVs to customers must offer ELD compliance options for a variety of technical platforms. Motor carrier fleets use rental vehicles to meet seasonal E:\FR\FM\13MRN1.SGM 13MRN1 10948 Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Notices amozie on DSK30RV082PROD with NOTICES demand, surges in other demands, or to replace breakdowns; these fleets will already have an ELD platform that in many cases will be different from the one installed on a rental truck. TRALA states that FMCSA has recognized the unique compliance concerns of the short-term CMV rental vehicle market by granting a partial exemption from the ELD requirements for vehicles rented for no longer than 8 days (82 FR 47306, October 11, 2017). In addition, FMCSA has granted an ELD waiver to TRALA until April 19, 2018, for CMVs rented for no longer than 30 days (83 FR 2868, January 19, 2018). TRALA states that since FMCSA’s October 11, 2017, decision granting an exemption of only 8 days for rental trucks, TRALA members have taken several steps to resolve the ELD issues. These include meeting with customers, building cloud-based portal systems between ELD providers, and purchasing thousands of ELDs for rental trucks. Nevertheless, TRALA members and their customers state that they need additional time to come into full compliance with ELD requirements. IV. Request for Exemption TRALA is requesting an exemption until December 31, 2018, from the ELD requirements in 49 CFR part 395, as applied to drivers of property-carrying CMVs rented for any reason for no longer than 30 days. Lessors of shortterm CMV rentals are struggling to meet the current April 19, 2018, waiver expiration deadline. TRALA states that its members continue to work diligently with their customers, developing systems that will allow renters to record and report their hours seamlessly, and partnering with ELD providers to give the most options available to rental customers. According to TRALA, every customer’s needs are unique. An additional period through the end of this year to prepare for this transition would allow their members to continue resolving the issues presented by new technology and the need for individual customer-based compliance strategies. It would also allow lessors to meet seasonal demand for short-term rental vehicles through the holiday season in November and December of this year without disruptions. TRALA states that allowing shortterm CMV rental truck drivers to not comply with ELD requirements until December 31, 2018, will not have any impact on safety, nor will it provide a safe harbor for drivers who may try to avoid compliance with the hours-ofservice (HOS) regulations in general. Nearly half the States now impose daily VerDate Sep<11>2014 17:47 Mar 12, 2018 Jkt 244001 rental fees which are a significant disincentive to rent solely for the purpose of avoiding the ELD regulations. TRALA also states that, if the exemption is granted, law enforcement officers would be better able to identify short-term rental vehicles. Under 49 CFR 390.21(e), a CMV rented for a period not to exceed 30 days is not required to be marked with the name and USDOT number of the operating motor carrier if the vehicle otherwise is marked with the lessor’s name and USDOT number, and a copy of the rental agreement is carried in the vehicle in accordance with that provision. Enforcement officials inspecting such a vehicle would examine the short-term rental agreement to determine that the ELD requirement does not apply to that vehicle. The official would then check the driver’s paper record of duty status for compliance with the HOS regulations. According to TRALA, their members represent about 25–30% of CMVs on the road and are a key component of the trucking industry. Allowing a further exemption through December 31, 2018, to continue the transition efforts ongoing since the final rule was published will give all businesses that use rental trucks comfort that systems can be deployed to better address the difficulties confronted by the rental truck market. A copy of TRALA’s application for exemption is available for review in the docket for this notice. Issued on: March 5, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–05001 Filed 3–12–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau [Docket No. TTB–2018–0001] Proposed Information Collections; Comment Request (No. 68) Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Notice and request for comments. AGENCY: As part of our continuing effort to reduce paperwork and respondent burden, and as required by the Paperwork Reduction Act of 1995, the Alcohol and Tobacco Tax and Trade Bureau (TTB) invites comments on the proposed or continuing information SUMMARY: PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 collections listed below in this document. DATES: Comments are due on or before May 14, 2018. ADDRESSES: As described below, you may send comments on the information collections listed in this document using the ‘‘Regulations.gov’’ online comment form for this document, or you may send written comments via U.S. mail or hand delivery. TTB no longer accepts public comments via email or fax. • https://www.regulations.gov: Use the comment form for this document posted within Docket No. TTB–2018– 0001 on ‘‘Regulations.gov,’’ the Federal e-rulemaking portal, to submit comments via the internet; • U.S. Mail: Michael Hoover, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005. • Hand Delivery/Courier in Lieu of Mail: Michael Hoover, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Suite 400, Washington, DC 20005. Please submit separate comments for each specific information collection listed in this document. You must reference the information collection’s title, form or recordkeeping requirement number, and OMB number (if any) in your comment. You may view copies of this document, the information collections listed in it and any associated instructions, and all comments received in response to this document within Docket No. TTB–2018–0001 at https:// www.regulations.gov. A link to that docket is posted on the TTB website at https://www.ttb.gov/forms/comment-onform.shtml. You may also obtain paper copies of this document, the information collections described in it and any associated instructions, and any comments received in response to this document by contacting Michael Hoover at the addresses or telephone number shown below. FOR FURTHER INFORMATION CONTACT: Michael Hoover, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005; telephone (202) 453–1039, ext. 135; or email informationcollections@ttb.gov (please do not submit comments on the information collections listed in this document to this email address). SUPPLEMENTARY INFORMATION: Request for Comments The Department of the Treasury and its Alcohol and Tobacco Tax and Trade Bureau (TTB), as part of a continuing E:\FR\FM\13MRN1.SGM 13MRN1

Agencies

[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Notices]
[Pages 10946-10948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05001]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0428]


Hours of Service of Drivers: Electronic Logging Devices; 
Application for Exemption; Truck Renting and Leasing Association, Inc.

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

[[Page 10947]]


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

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

SUMMARY: FMCSA announces that the Truck Renting and Leasing Association 
Inc. (TRALA) has requested an exemption until December 31, 2018, from 
the electronic logging device (ELD) requirements for all drivers of 
property-carrying commercial motor vehicles rented for 30 days or 
fewer. A waiver for the same purpose and group of drivers was issued to 
TRALA on January 19, 2018, and expires on April 19, 2018. TRALA states 
that the waiver period, which is limited to 90 days, is not sufficient 
to address the ELD problems that they and their short-term lessors are 
encountering. This request, if granted, would provide rental-vehicle 
owners, carriers, and drivers with additional time to develop 
compliance strategies for dealing with the unique issues relating to 
the use of ELDs in short-term rental vehicles. TRALA believes that the 
exemption, if granted, would not have any adverse impacts on 
operational safety, as drivers would continue to remain subject to the 
hours-of-service regulations as well as the requirements to maintain a 
paper record of duty status. FMCSA requests public comment on TRALA's 
application for exemption.

DATES: Comments must be received on or before April 12, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2016-0428 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251
     Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. The on-line FDMS is available 24 hours each 
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: (202) 366-4325. 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-2016-0428), 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-2016-0428'' 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. Background

    TRALA is a national trade association of companies whose members 
rent and lease vehicles. TRALA's membership encompasses the full 
spectrum of the industry, including major independent firms such as 
Budget, Enterprise Truck Rental, Penske Truck Leasing, Ryder System, 
and U Haul, as well as small and medium size businesses that generally 
participate as members of four leasing group systems, three of which 
are affiliated with a major manufacturer. TRALA states that it has 
nearly 500 members whose vehicles account for between 25-30% of all 
commercial motor vehicles (CMVs) on the highways today.
    TRALA advised that operators of short-term CMV rentals face 
challenges in complying with the ELD requirements that no other segment 
of the industry faces. Businesses renting CMVs to customers must offer 
ELD compliance options for a variety of technical platforms. Motor 
carrier fleets use rental vehicles to meet seasonal

[[Page 10948]]

demand, surges in other demands, or to replace breakdowns; these fleets 
will already have an ELD platform that in many cases will be different 
from the one installed on a rental truck.
    TRALA states that FMCSA has recognized the unique compliance 
concerns of the short-term CMV rental vehicle market by granting a 
partial exemption from the ELD requirements for vehicles rented for no 
longer than 8 days (82 FR 47306, October 11, 2017). In addition, FMCSA 
has granted an ELD waiver to TRALA until April 19, 2018, for CMVs 
rented for no longer than 30 days (83 FR 2868, January 19, 2018).
    TRALA states that since FMCSA's October 11, 2017, decision granting 
an exemption of only 8 days for rental trucks, TRALA members have taken 
several steps to resolve the ELD issues. These include meeting with 
customers, building cloud-based portal systems between ELD providers, 
and purchasing thousands of ELDs for rental trucks. Nevertheless, TRALA 
members and their customers state that they need additional time to 
come into full compliance with ELD requirements.

IV. Request for Exemption

    TRALA is requesting an exemption until December 31, 2018, from the 
ELD requirements in 49 CFR part 395, as applied to drivers of property-
carrying CMVs rented for any reason for no longer than 30 days. Lessors 
of short-term CMV rentals are struggling to meet the current April 19, 
2018, waiver expiration deadline. TRALA states that its members 
continue to work diligently with their customers, developing systems 
that will allow renters to record and report their hours seamlessly, 
and partnering with ELD providers to give the most options available to 
rental customers.
    According to TRALA, every customer's needs are unique. An 
additional period through the end of this year to prepare for this 
transition would allow their members to continue resolving the issues 
presented by new technology and the need for individual customer-based 
compliance strategies. It would also allow lessors to meet seasonal 
demand for short-term rental vehicles through the holiday season in 
November and December of this year without disruptions.
    TRALA states that allowing short-term CMV rental truck drivers to 
not comply with ELD requirements until December 31, 2018, will not have 
any impact on safety, nor will it provide a safe harbor for drivers who 
may try to avoid compliance with the hours-of-service (HOS) regulations 
in general. Nearly half the States now impose daily rental fees which 
are a significant disincentive to rent solely for the purpose of 
avoiding the ELD regulations.
    TRALA also states that, if the exemption is granted, law 
enforcement officers would be better able to identify short-term rental 
vehicles. Under 49 CFR 390.21(e), a CMV rented for a period not to 
exceed 30 days is not required to be marked with the name and USDOT 
number of the operating motor carrier if the vehicle otherwise is 
marked with the lessor's name and USDOT number, and a copy of the 
rental agreement is carried in the vehicle in accordance with that 
provision. Enforcement officials inspecting such a vehicle would 
examine the short-term rental agreement to determine that the ELD 
requirement does not apply to that vehicle. The official would then 
check the driver's paper record of duty status for compliance with the 
HOS regulations.
    According to TRALA, their members represent about 25-30% of CMVs on 
the road and are a key component of the trucking industry. Allowing a 
further exemption through December 31, 2018, to continue the transition 
efforts ongoing since the final rule was published will give all 
businesses that use rental trucks comfort that systems can be deployed 
to better address the difficulties confronted by the rental truck 
market.
    A copy of TRALA's application for exemption is available for review 
in the docket for this notice.

    Issued on: March 5, 2018.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2018-05001 Filed 3-12-18; 8:45 am]
 BILLING CODE 4910-EX-P