Hours of Service (HOS) of Drivers; Applications for Exemption From the Electronic Logging Device Rule, 63194-63196 [2018-26597]
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Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices
relevant state law requirements,
engineering and risk evaluations,
financial considerations, as well as the
resolution of ongoing litigation
concerning Gallatin.
TVA anticipates holding a community
meeting near the plant after releasing
the Draft EIS. Meeting details will be
posted on TVA’s website. TVA expects
to release the Draft EIS in the Fall 2019.
Authority: 40 CFR 1501.7.
M. Susan Smelley,
Director, Environmental Compliance and
Operations.
[FR Doc. 2018–26531 Filed 12–6–18; 8:45 am]
BILLING CODE 8120–08–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Dockets No. FMCSA–2017–0243, FMCSA–
2017–0296, FMCSA–2017–0337, FMCSA–
2017–0340, FMCSA–2017–0342, FMCSA–
2017–0356, FMCSA–2017–0361, FMCSA–
2017–0373, FMCSA–2018–0003, FMCSA–
2017–0336]
Hours of Service (HOS) of Drivers;
Applications for Exemption From the
Electronic Logging Device Rule
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition;
denial of applications for exemption.
AGENCY:
As required by statute,
FMCSA announces denials of 10
applications for exemptions from the
hours-of service (HOS) electronic
logging device (ELD) rule. The
applicants are as follows: Power and
Construction Contractors Association;
Western Equipment Dealers
Association; Association of Energy
Service Companies; Cudd Energy
Services, Inc.; SikhsPAC and North
American Punjabi Trucker Association;
Owner- Operator Independent Drivers
Association, Inc.; American Disposal
Service; Towing and Recovery
Association of America; National
Electrical Contractors Association; and
the Agricultural Retailers Association.
The Agency reviewed each application
and any comments received and
rendered each decision based upon the
merits of the application.
DATES: On June 16, 2018, FMCSA
denied 9 applications for exemption and
on July 26, 2018, the Agency denied the
application of the Agricultural Retailers
Association.
FOR FURTHER INFORMATION CONTACT: Ms.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of
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SUMMARY:
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Carrier, Driver and Vehicle Safety
Standards; Telephone: 202–366–4325.
Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
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. 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
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. In
the case of denials, 49 U.S.C. 31315
explicitly states that the Agency may
meet the requirements by periodically
publishing in the Federal Register the
names of persons denied exemptions
and the reasons for the denials.
Applications for Exemption
The current hours-of-service (HOS)
regulations in 49 CFR 395.8(a) require
motor carriers subject to the regulation
to ensure their drivers use ELDs in place
of written logs to record their duty
status for each 24-hour period.
Additionally, Part 395 lists certain ELD
exceptions for short-haul operations
within a 100 air-mile radius and
agricultural operations within a 150 airmile radius.
The 10 applicants cited below applied
for an exemption from the requirement
to use an ELD to record HOS for drivers
subject to the regulation for various
reasons. FMCSA published Federal
Register notices requesting public
comment on each application. Each
notice established a docket to provide
the public an opportunity to inspect the
application and other docketed
information, such as comments of others
submitted to the docket. Details of the
Agency’s analysis follows.
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Power and Construction Association
(PCCA)
The PCCA requested that motor
carriers and drivers operating
commercial motor vehicles (CMVs) in
the power and communication
construction industry be allowed to use
paper records of duty status (RODS)
instead of ELDs. PCCA noted that
construction contractors spend
considerable time off-road on varying
jobsites; a single CMV may have several
different drivers over the course of a
day, moving the vehicle short distances
around the jobsite. Due to the limited
time that their drivers spend driving on
public roads within a workday, PCCA
states that the ELD and RODS
requirements for drivers in its industries
do not result in a significant safety
benefit.
FMCSA reviewed the application and
the 259 public comments submitted. On
June 16, 2018, FMCSA denied PCCA’s
application for exemption because the
Agency could not ensure that the
exemption would provide the requisite
level of safety. A copy of the denial
letter is available for review in the
docket (FMCSA–2017–0243).
Western Equipment Dealers Association
(WEDA)
WEDA requested this exemption from
ELD use on behalf of several
organizations and their members.
Effectively, the requested exemption
would eliminate the requirement for
agricultural equipment dealers to install
ELDs on their CMVs. WEDA stated that
equipment dealer operations in
agriculture present unique
circumstances that warrant the
requested exemption and that the failure
to grant it would pose an undue burden
on equipment dealers and their
customers without a measurable safety
benefit.
FMCSA reviewed the application and
the 125 public comments submitted. On
June 16, 2018, FMCSA denied WEDA’s
application for exemption because the
Agency could not ensure that the
exemption would provide the requisite
level of safety. A copy of the denial
letter is available for review in the
docket (FMCSA–2017–0296).
Association of Energy Service
Companies (AESC)
AESC requested this exemption to
allow all drivers of well service rigs to
complete paper RODS instead of using
an ELD whenever the drivers exceeded
the requirements of the short-haul
exception. According to AESC,
complying with the ELD requirement
would be overly burdensome for well
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Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices
service rig contractors without
providing any measurable safety benefit.
AESC further explained that 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.
FMCSA reviewed the application and
the 8 public comments submitted. On
June 16, 2018, FMCSA denied AESC’s
application for exemption because the
Agency could not ensure that the
exemption would provide the requisite
level of safety. A copy of the denial
letter is available for review in the
docket (FMCSA–2017–0337).
amozie on DSK3GDR082PROD with NOTICES
Cudd Energy Services, Inc. (CES)
CES requested an exemption from the
ELD requirements for its specially
trained drivers of specially constructed
CMVs used in oilfield operations to
allow drivers of these infrequently
driven CMVs to complete paper RODS
instead of using an ELD. FMCSA
regulations prohibit these drivers from
using the short-haul exceptions to the
HOS rules. CES believes that the
exemption would not have any adverse
impacts on operational safety because
drivers would remain subject to the
HOS regulations as well as the
requirements to maintain paper RODS.
FMCSA reviewed the application and
the 8 comments submitted. None of the
comments supported the exemption. On
June 16, 2018, FMCSA denied AESC’s
application for exemption because the
Agency could not ensure that the
exemption would provide the requisite
level of safety. A copy of the denial
letter is available for review in the
docket (FMCSA–2017–0340).
SikhsPAC and North American Punjabi
Trucker Association (Applicants)
These applicants requested 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 were
not fully prepared to meet the December
18, 2017, compliance date. The
exemption would allow members
involved in segments of America’s
agricultural transportation industry to
delay using ELDs for one year. The
applicants asserted 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 time to address
training programs with compliant ELD
options.
FMCSA reviewed the application and
the 41 comments submitted. On June 16,
2018, FMCSA denied the application.
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16:56 Dec 06, 2018
Jkt 247001
The information provided by the
applicants failed to distinguish the
drivers who would be included under
the exemption. The applicants failed to
indicate how they could ensure that the
exemption would achieve a level of
safety equivalent to, or greater than, the
level of safety that would be obtained by
compliance with the HOS regulation. A
copy of the denial letter is available for
review in the docket (FMCSA–2017–
0342).
Owner-Operator Independent Drivers
Association, Inc. (OOIDA)
OOIDA requested a five-year
exemption from the ELD rule for certain
motor carriers considered to be a small
transportation trucking business under
13 CFR 121.201. If granted, the
exemption would cover small trucking
businesses that do not have a carrier
safety rating of ‘‘unsatisfactory,’’ and
that can document a proven history of
safety performance with no attributable
at-fault crashes.
FMCSA reviewed the application and
approximately 4,090 comments
submitted. An estimated 96 percent of
the comments were from owneroperators in favor of the exemption.
Approximately 4 percent of the
comments were in opposition to the
proposed exemption. On June 16, 2018,
FMCSA denied the application. FMCSA
noted that most of the content of the
application challenges the basis of the
ELD rule itself, rather than justifying an
exemption for a specific segment of
drivers under applicable statutory
standards. FMCSA noted further that
the application provided no
consideration of the significant
difficulty that would be encountered in
trying to identify and validate drivers
who meet the proposed exemption
criteria, especially during roadside
inspections. A copy of the denial letter
is available for review in the docket
(FMCSA–2017–0356).
American Disposal Service (ADS)
ADS is a trash hauling and recycling
company operating in four States, with
over 300 drivers who hold CDLs. ADS
has been using the multiple stop rule,
‘‘treating all the stops in a village, town
or city as one.’’ ADS operations fall
under the 100 air-mile short haul
exemption in Section 395.1(e)(1). When
drivers exceed the 12-hour limitation
more than 8 times in any 30 consecutive
days, ADS is required to install and use
ELDs in its CMVs.
ADS applied for the exemption from
the ELD and paper RODS requirements
because the company does not believe
ELDs can accurately record driving time
when the CMV makes constant short
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63195
movements with the driver often exiting
the vehicle. FMCSA reviewed the
application and the 10 comments
submitted. On June 16, 2018, FMCSA
denied the application. FMCSA
concluded that ADS had not clearly
explained how its non-use of ELDs and
its discontinued use of paper RODS
would reach the current level of safety
that compliance with the HOS rules
provides. A copy of the denial letter is
available for review in the docket
(FMCSA–2017–0361).
Towing and Recovery Association of
America (TRAA)
TRAA is the national towing
association representing more than
35,000 towing companies in all 50
states. TRAA has requested a 5-year
exemption for all operators of CMVs
owned or leased to providers of motor
vehicle towing, recovery, and roadside
repair services while providing such
services. TRAA states that towing
industry operations represent a unique
and vital segment of the overall
transportation industry in America that
warrants exemption from the ELD
regulations. TRAA believes that failure
to grant the exemption will cause
confusion and create an overly complex
regulatory framework that will pose an
undue burden on towers and their
customers without any measurable
benefit to public safety.
FMCSA reviewed the application and
the 250 comments submitted. On June
16, 2018, FMCSA denied the
application. FMCSA concluded that
TRAA’s plan for the continued use of
paper RODS and the process for
reviewing the RODS to verify accuracy
would be comparable to the level of
safety provided by paper RODS prior to
the implementation of the ELD rule but
would not achieve the equivalent level
of safety that would be achieved by the
use of ELDs. A copy of the denial letter
is available for review in the docket
(FMCSA–2017–0373).
National Electrical Contractors
Association (NECA)
NECA requested an exemption from
the requirement to use an ELD on CMVs
used by 4,000 contractor members who
install, repair, and maintain the
infrastructure of electrical utilities.
NECA believes the ELD requirement
burdens its members’ operations
unnecessarily. It proposed to continue
to use paper logs to record their HOS.
FMCSA reviewed the application and
the 275 comments submitted. Many of
the comments were form letters in
support of the application. On June 16,
2018, FMCSA denied the application.
FMCSA was unable to determine from
E:\FR\FM\07DEN1.SGM
07DEN1
63196
Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices
amozie on DSK3GDR082PROD with NOTICES
the application and the public
comments whether operations under the
requested exemption would provide a
requisite level of safety. A copy of the
denial letter is available for review in
the docket (FMCSA–2018–0003).
4. Purpose of the Meeting: The
purpose of this meeting is to:
(a) Introduce the new Academy
Superintendent and Academic Dean/
Provost.
(b) Provide a briefing on the Critical
Agricultural Retailers Association (ARA)
Infrastructure Plan, the infrastructure
ARA applied for exemption from the
spending plan and ongoing capital
ELD requirement on behalf of its
improvements.
members who are retailers and
(c) Provide an update on the general
distributors of farm-related products
state
of the Academy, Class of 2022
and services. ARA members rely on
performance, and status of incoming
CMVs to deliver their products and
class of 2023.
services to farms. ARA asserted that its
(d) Provide an update on the Sexual
members were not prepared to meet the
December 18, 2017 deadline for
Assault/Sexual Harassment program
complying with the ELD rule and sought progress.
to obtain postponement of the deadline.
(e) Provide an update on the status of
FMCSA reviewed the application and implementing the 5-year Strategic Plan.
the 117 comments submitted. On July
(f) Establish the meeting schedule for
26, 2018, FMCSA denied the
CY 2019.
application. FMCSA was unable to
determine from the application and the
5. Public Access to the Meeting: This
public comments whether operations
meeting is open to the public. Seating is
under the requested exemption would
on a first-come basis. Members of the
provide a requisite level of safety. A
public wishing to attend the meeting
copy of the denial letter is available for
will need to show photo identification
review in the docket (FMCSA–2017–
to gain access to the meeting location.
0336).
FOR FURTHER INFORMATION CONTACT: The
Conclusion
BOV’s Designated Federal Officer and
FMCSA has reviewed these
Point of Contact Brian Blower, 202–
applications carefully and the
366–2765 or Brian.Blower@dot.gov.
comments received and has concluded
SUPPLEMENTARY INFORMATION: Any
that each application lacks sufficient
member of the public is permitted to file
merit to justify the exemptions sought.
a written statement with the Academy
Accordingly, FMCSA denies each
BOV. Written statements should be sent
application.
to the Designated Federal Officer at:
Issued on: November 30, 2018.
Brian Blower; 1200 New Jersey Ave. SE
Raymond A. Martinez,
W28–314, Washington, DC 20590 or via
Administrator.
email at Brian.Blower@Dot.gov. (Please
[FR Doc. 2018–26597 Filed 12–6–18; 8:45 am]
contact the Designated Federal Officer
BILLING CODE 4910–EX–P
for information on submitting comments
via fax.) Written statements must be
received no later than three working
DEPARTMENT OF TRANSPORTATION
days prior to the meeting in order to
provide time for member consideration.
Maritime Administration
Only written statements will be
U.S. Merchant Marine Academy Board
considered by the BOV, no member of
of Visitors
the public will be allowed to present
questions from the floor or speak to any
AGENCY: Maritime Administration, DOT.
issue under consideration by the BOV
ACTION: Notice of U.S. Merchant Marine
unless requested to do so by a member
Academy Board Public Meeting.
of the Board.
SUMMARY: The U.S. Department of
(Authority: 46 U.S.C. 51312; 5 U.S.C. app.
Transportation, Maritime
552b; 41 CFR parts 102–3.140 through 102–
Administration (MARAD) announces
3.165).
that the following U.S. Merchant Marine
Dated: December 3, 2018.
Academy (Academy) Board of Visitors
By Order of the Maritime Administrator.
(BOV) meeting will take place:
1. Date: December 14, 2018.
T. Mitchell Hudson, Jr.,
2. Time: 9:00 a.m.–3:00 p.m.
Secretary, Maritime Administration.
3. Location: U.S. Merchant Marine
[FR Doc. 2018–26529 Filed 12–6–18; 8:45 am]
Academy, Kings Point, NY, Crabtree
BILLING CODE 4910–81–P
Room, Schuyler Otis Bland Memorial
Library.
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16:56 Dec 06, 2018
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2018–0100; Notice No.
2018–22]
Hazardous Materials: Emergency
Waiver No. 11
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of emergency waiver
order.
AGENCY:
PHMSA is issuing an
emergency waiver order to persons
conducting operations under the
direction of Environmental Protection
Agency (EPA) Region 10 or United
States Coast Guard (USCG) Seventeenth
District within the emergency area
affected by the November 30, 2018
Alaska earthquake. The Waiver is
granted to support the EPA and USCG
in taking appropriate actions to prepare
for, respond to, and recover from a
threat to public health, welfare, or the
environment caused by actual or
potential oil and hazardous materials
incidents resulting from the Alaska
earthquake. This Waiver Order is
effective immediately and shall remain
in effect for 30 days from the date of
issuance.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Adam Horsley, Deputy Assistant Chief
Counsel for Hazardous Materials Safety,
Pipeline and Hazardous Materials Safety
Administration, telephone: (202) 366–
4400.
In
accordance with the provisions of 49
U.S.C. 5103(c), the Administrator for
PHMSA hereby declares that an
emergency exists that warrants issuance
of a Waiver of the Hazardous Materials
Regulations (HMR, 49 CFR parts 171–
180) to persons conducting operations
under the direction of EPA Region 10 or
USCG Seventeenth District within the
emergency area affected by the
November 30, 2018 Alaska earthquake.
The Waiver is granted to support the
EPA and USCG in taking appropriate
actions to prepare for, respond to, and
recover from a threat to public health,
welfare, or the environment caused by
actual or potential oil and hazardous
materials incidents resulting from the
Alaska earthquake.
On November 30, 2018, the President
issued an Emergency Declaration for the
Alaska earthquake (EM–3410) for
Anchorage Municipality, Kenai
Peninsula Borough, and MatanuskaSusitna Borough. This Waiver Order
SUPPLEMENTARY INFORMATION:
E:\FR\FM\07DEN1.SGM
07DEN1
]]>Agencies
[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Notices]
[Pages 63194-63196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26597]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Dockets No. FMCSA-2017-0243, FMCSA-2017-0296, FMCSA-2017-0337, FMCSA-
2017-0340, FMCSA-2017-0342, FMCSA-2017-0356, FMCSA-2017-0361, FMCSA-
2017-0373, FMCSA-2018-0003, FMCSA-2017-0336]
Hours of Service (HOS) of Drivers; Applications for Exemption
From the Electronic Logging Device Rule
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; denial of applications for
exemption.
-----------------------------------------------------------------------
SUMMARY: As required by statute, FMCSA announces denials of 10
applications for exemptions from the hours-of service (HOS) electronic
logging device (ELD) rule. The applicants are as follows: Power and
Construction Contractors Association; Western Equipment Dealers
Association; Association of Energy Service Companies; Cudd Energy
Services, Inc.; SikhsPAC and North American Punjabi Trucker
Association; Owner- Operator Independent Drivers Association, Inc.;
American Disposal Service; Towing and Recovery Association of America;
National Electrical Contractors Association; and the Agricultural
Retailers Association. The Agency reviewed each application and any
comments received and rendered each decision based upon the merits of
the application.
DATES: On June 16, 2018, FMCSA denied 9 applications for exemption and
on July 26, 2018, the Agency denied the application of the Agricultural
Retailers Association.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4325. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
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. 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 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. In the case of denials, 49 U.S.C. 31315 explicitly states that
the Agency may meet the requirements by periodically publishing in the
Federal Register the names of persons denied exemptions and the reasons
for the denials.
Applications for Exemption
The current hours-of-service (HOS) regulations in 49 CFR 395.8(a)
require motor carriers subject to the regulation to ensure their
drivers use ELDs in place of written logs to record their duty status
for each 24-hour period. Additionally, Part 395 lists certain ELD
exceptions for short-haul operations within a 100 air-mile radius and
agricultural operations within a 150 air-mile radius.
The 10 applicants cited below applied for an exemption from the
requirement to use an ELD to record HOS for drivers subject to the
regulation for various reasons. FMCSA published Federal Register
notices requesting public comment on each application. Each notice
established a docket to provide the public an opportunity to inspect
the application and other docketed information, such as comments of
others submitted to the docket. Details of the Agency's analysis
follows.
Power and Construction Association (PCCA)
The PCCA requested that motor carriers and drivers operating
commercial motor vehicles (CMVs) in the power and communication
construction industry be allowed to use paper records of duty status
(RODS) instead of ELDs. PCCA noted that construction contractors spend
considerable time off-road on varying jobsites; a single CMV may have
several different drivers over the course of a day, moving the vehicle
short distances around the jobsite. Due to the limited time that their
drivers spend driving on public roads within a workday, PCCA states
that the ELD and RODS requirements for drivers in its industries do not
result in a significant safety benefit.
FMCSA reviewed the application and the 259 public comments
submitted. On June 16, 2018, FMCSA denied PCCA's application for
exemption because the Agency could not ensure that the exemption would
provide the requisite level of safety. A copy of the denial letter is
available for review in the docket (FMCSA-2017-0243).
Western Equipment Dealers Association (WEDA)
WEDA requested this exemption from ELD use on behalf of several
organizations and their members. Effectively, the requested exemption
would eliminate the requirement for agricultural equipment dealers to
install ELDs on their CMVs. WEDA stated that equipment dealer
operations in agriculture present unique circumstances that warrant the
requested exemption and that the failure to grant it would pose an
undue burden on equipment dealers and their customers without a
measurable safety benefit.
FMCSA reviewed the application and the 125 public comments
submitted. On June 16, 2018, FMCSA denied WEDA's application for
exemption because the Agency could not ensure that the exemption would
provide the requisite level of safety. A copy of the denial letter is
available for review in the docket (FMCSA-2017-0296).
Association of Energy Service Companies (AESC)
AESC requested this exemption to allow all drivers of well service
rigs to complete paper RODS instead of using an ELD whenever the
drivers exceeded the requirements of the short-haul exception.
According to AESC, complying with the ELD requirement would be overly
burdensome for well
[[Page 63195]]
service rig contractors without providing any measurable safety
benefit. AESC further explained that 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.
FMCSA reviewed the application and the 8 public comments submitted.
On June 16, 2018, FMCSA denied AESC's application for exemption because
the Agency could not ensure that the exemption would provide the
requisite level of safety. A copy of the denial letter is available for
review in the docket (FMCSA-2017-0337).
Cudd Energy Services, Inc. (CES)
CES requested an exemption from the ELD requirements for its
specially trained drivers of specially constructed CMVs used in
oilfield operations to allow drivers of these infrequently driven CMVs
to complete paper RODS instead of using an ELD. FMCSA regulations
prohibit these drivers from using the short-haul exceptions to the HOS
rules. CES believes that the exemption would not have any adverse
impacts on operational safety because drivers would remain subject to
the HOS regulations as well as the requirements to maintain paper RODS.
FMCSA reviewed the application and the 8 comments submitted. None
of the comments supported the exemption. On June 16, 2018, FMCSA denied
AESC's application for exemption because the Agency could not ensure
that the exemption would provide the requisite level of safety. A copy
of the denial letter is available for review in the docket (FMCSA-2017-
0340).
SikhsPAC and North American Punjabi Trucker Association (Applicants)
These applicants requested 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 were
not fully prepared to meet the December 18, 2017, compliance date. The
exemption would allow members involved in segments of America's
agricultural transportation industry to delay using ELDs for one year.
The applicants asserted 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 time to address training programs with compliant ELD
options.
FMCSA reviewed the application and the 41 comments submitted. On
June 16, 2018, FMCSA denied the application. The information provided
by the applicants failed to distinguish the drivers who would be
included under the exemption. The applicants failed to indicate how
they could ensure that the exemption would achieve a level of safety
equivalent to, or greater than, the level of safety that would be
obtained by compliance with the HOS regulation. A copy of the denial
letter is available for review in the docket (FMCSA-2017-0342).
Owner-Operator Independent Drivers Association, Inc. (OOIDA)
OOIDA requested a five-year exemption from the ELD rule for certain
motor carriers considered to be a small transportation trucking
business under 13 CFR 121.201. If granted, the exemption would cover
small trucking businesses that do not have a carrier safety rating of
``unsatisfactory,'' and that can document a proven history of safety
performance with no attributable at-fault crashes.
FMCSA reviewed the application and approximately 4,090 comments
submitted. An estimated 96 percent of the comments were from owner-
operators in favor of the exemption. Approximately 4 percent of the
comments were in opposition to the proposed exemption. On June 16,
2018, FMCSA denied the application. FMCSA noted that most of the
content of the application challenges the basis of the ELD rule itself,
rather than justifying an exemption for a specific segment of drivers
under applicable statutory standards. FMCSA noted further that the
application provided no consideration of the significant difficulty
that would be encountered in trying to identify and validate drivers
who meet the proposed exemption criteria, especially during roadside
inspections. A copy of the denial letter is available for review in the
docket (FMCSA-2017-0356).
American Disposal Service (ADS)
ADS is a trash hauling and recycling company operating in four
States, with over 300 drivers who hold CDLs. ADS has been using the
multiple stop rule, ``treating all the stops in a village, town or city
as one.'' ADS operations fall under the 100 air-mile short haul
exemption in Section 395.1(e)(1). When drivers exceed the 12-hour
limitation more than 8 times in any 30 consecutive days, ADS is
required to install and use ELDs in its CMVs.
ADS applied for the exemption from the ELD and paper RODS
requirements because the company does not believe ELDs can accurately
record driving time when the CMV makes constant short movements with
the driver often exiting the vehicle. FMCSA reviewed the application
and the 10 comments submitted. On June 16, 2018, FMCSA denied the
application. FMCSA concluded that ADS had not clearly explained how its
non-use of ELDs and its discontinued use of paper RODS would reach the
current level of safety that compliance with the HOS rules provides. A
copy of the denial letter is available for review in the docket (FMCSA-
2017-0361).
Towing and Recovery Association of America (TRAA)
TRAA is the national towing association representing more than
35,000 towing companies in all 50 states. TRAA has requested a 5-year
exemption for all operators of CMVs owned or leased to providers of
motor vehicle towing, recovery, and roadside repair services while
providing such services. TRAA states that towing industry operations
represent a unique and vital segment of the overall transportation
industry in America that warrants exemption from the ELD regulations.
TRAA believes that failure to grant the exemption will cause confusion
and create an overly complex regulatory framework that will pose an
undue burden on towers and their customers without any measurable
benefit to public safety.
FMCSA reviewed the application and the 250 comments submitted. On
June 16, 2018, FMCSA denied the application. FMCSA concluded that
TRAA's plan for the continued use of paper RODS and the process for
reviewing the RODS to verify accuracy would be comparable to the level
of safety provided by paper RODS prior to the implementation of the ELD
rule but would not achieve the equivalent level of safety that would be
achieved by the use of ELDs. A copy of the denial letter is available
for review in the docket (FMCSA-2017-0373).
National Electrical Contractors Association (NECA)
NECA requested an exemption from the requirement to use an ELD on
CMVs used by 4,000 contractor members who install, repair, and maintain
the infrastructure of electrical utilities. NECA believes the ELD
requirement burdens its members' operations unnecessarily. It proposed
to continue to use paper logs to record their HOS.
FMCSA reviewed the application and the 275 comments submitted. Many
of the comments were form letters in support of the application. On
June 16, 2018, FMCSA denied the application. FMCSA was unable to
determine from
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the application and the public comments whether operations under the
requested exemption would provide a requisite level of safety. A copy
of the denial letter is available for review in the docket (FMCSA-2018-
0003).
Agricultural Retailers Association (ARA)
ARA applied for exemption from the ELD requirement on behalf of its
members who are retailers and distributors of farm-related products and
services. ARA members rely on CMVs to deliver their products and
services to farms. ARA asserted that its members were not prepared to
meet the December 18, 2017 deadline for complying with the ELD rule and
sought to obtain postponement of the deadline.
FMCSA reviewed the application and the 117 comments submitted. On
July 26, 2018, FMCSA denied the application. FMCSA was unable to
determine from the application and the public comments whether
operations under the requested exemption would provide a requisite
level of safety. A copy of the denial letter is available for review in
the docket (FMCSA-2017-0336).
Conclusion
FMCSA has reviewed these applications carefully and the comments
received and has concluded that each application lacks sufficient merit
to justify the exemptions sought. Accordingly, FMCSA denies each
application.
Issued on: November 30, 2018.
Raymond A. Martinez,
Administrator.
[FR Doc. 2018-26597 Filed 12-6-18; 8:45 am]
BILLING CODE 4910-EX-P
