Hours of Service of Drivers: Application for Exemption; Small Business in Transportation Coalition, 34250-34251 [2019-15206]
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34250
Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019–15134 Filed 7–16–19; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #16018 and #16019;
TEXAS Disaster Number TX–00517]
Administrative Declaration of a
Disaster for the State of Texas
U.S. Small Business
Administration.
ACTION: Notice.
This is a notice of an
Administrative declaration of a disaster
for the State of Texas dated 07/10/2019.
Incident: Severe Storms, Straight-line
Winds and Flooding.
Incident Period: 05/07/2019 through
05/08/2019.
DATES: Issued on 07/10/2019.
Physical Loan Application Deadline
Date: 09/09/2019.
Economic Injury (EIDL) Loan
Application Deadline Date: 04/10/2020.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW, Suite 6050,
Washington, DC 20416, (202) 205–6734.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
Administrator’s disaster declaration,
applications for disaster loans may be
filed at the address listed above or other
locally announced locations.
The following areas have been
determined to be adversely affected by
the disaster:
Primary Counties: Fort Bend, Gregg.
Contiguous Counties:
Texas: Austin, Brazoria, Harris,
Harrison, Rusk, Smith, Upshur,
Waller, Wharton.
The Interest Rates are:
jbell on DSK3GLQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:05 Jul 16, 2019
Non-Profit Organizations with
Credit Available Elsewhere ...
Non-Profit Organizations without Credit Available Elsewhere .....................................
For Economic Injury:
Businesses & Small Agricultural
Cooperatives Without Credit
Available Elsewhere ..............
Non-Profit Organizations Without Credit Available Elsewhere .....................................
2.750
The number assigned to this disaster
for physical damage is 16018 B and for
economic injury is 16019 0.
The State which received an EIDL
Declaration # is Texas.
AGENCY:
For Physical Damage:
Homeowners with Credit Available Elsewhere ......................
Homeowners without Credit
Available Elsewhere ..............
Businesses with Credit Available Elsewhere ......................
Businesses
without
Credit
Available Elsewhere ..............
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), Executive Order
2.750 12047 of March 27, 1978, the Foreign
Affairs Reform and Restructuring Act of
1998 (112 Stat. 2681, et seq.; 22 U.S.C.
2.750
6501 note, et seq.), Delegation of
Authority No. 234 of October 1, 1999,
and Delegation of Authority No. 236–3
4.000 of August 28, 2000.
Percent
(Catalog of Federal Domestic Assistance
Number 59008)
Christopher Pilkerton,
Acting Administrator.
[FR Doc. 2019–15123 Filed 7–16–19; 8:45 am]
BILLING CODE 8026–03–P
[Public Notice: 10821]
Notice of Determinations; Culturally
Significant Objects Imported for
Exhibition—Determinations: ‘‘In a
Cloud, in a Wall, in a Chair: Six
Modernists in Mexico at Midcentury’’
Exhibition
SUMMARY:
Frm 00135
Fmt 4703
BILLING CODE 4710–05–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Sfmt 4703
Hours of Service of Drivers:
Application for Exemption; Small
Business in Transportation Coalition
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Application for exemption; final
determination.
AGENCY:
DEPARTMENT OF STATE
PO 00000
[FR Doc. 2019–15163 Filed 7–16–19; 8:45 am]
[Docket No. FMCSA–2018–0180]
Notice is hereby given of the
following determinations: I hereby
determine that the objects to be
exhibited in the exhibition ‘‘In a Cloud,
in a Wall, in a Chair: Six Modernists in
Mexico at Midcentury,’’ imported from
abroad for temporary exhibition within
the United States, are of cultural
significance. The objects are imported
pursuant to loan agreements with the
foreign owners or custodians. I also
determine that the exhibition or display
of the exhibit objects at The Art Institute
of Chicago, in Chicago, Illinois, from on
or about September 6, 2019, until on or
about January 12, 2020, and at possible
additional exhibitions or venues yet to
be determined, is in the national
interest. I have ordered that Public
Notice of these determinations be
published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Julie
Percent
Simpson, Attorney-Adviser, Office of
the Legal Adviser, U.S. Department of
State (telephone: 202–632–6471; email:
3.875 section2459@state.gov). The mailing
address is U.S. Department of State, L/
1.938
PD, SA–5, Suite 5H03, Washington, DC
8.000 20522–0505.
SUPPLEMENTARY INFORMATION: The
4.000 foregoing determinations were made
Jkt 247001
Marie Therese Porter Royce,
Assistant Secretary, Educational and Cultural
Affairs, Department of State.
FMCSA announces its
decision to deny the application of the
Small Business in Transportation
Coalition (SBTC) for an exemption from
the electronic logging device (ELD)
requirements for all motor carriers with
fewer than 50 employees, including, but
not limited to, one-person private and
for-hire owner-operators of commercial
motor vehicles (CMVs) used in
interstate commerce. FMCSA has
analyzed the exemption application and
public comments, and has determined
that it cannot ensure that granting for
the requested exemption would achieve
a level of safety equivalent to, or greater
than, the level that would be achieved
absent such exemption.
FOR FURTHER INFORMATION CONTACT: For
information concerning this notice,
contact Ms. LaTonya Mimms, Chief,
FMCSA Driver and Carrier Operations
Division; Office of Carrier, Driver and
Vehicle Safety Standards; Telephone:
202–366–4024. 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:
SUMMARY:
Background
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain Federal Motor Carrier
Safety Regulations (FMCSRs). FMCSA
E:\FR\FM\17JYN1.SGM
17JYN1
Federal Register / Vol. 84, No. 137 / Wednesday, July 17, 2019 / Notices
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.
FMCSA 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 and the
reasons for denying an application must
be published in the Federal Register (49
CFR 381.315(b)).
On December 16, 2015 (80 FR 78292),
FMCSA published a final rule requiring
most drivers then required to prepare
hours-of-service (HOS) records of duty
status (RODS) to use electronic logging
devices (ELDs) instead of the previous
paper logs to document their RODS. The
compliance date for the ELD
requirement was December 18, 2017.
III. Request for Exemption
The Small Business in Transportation
Coalition (SBTC) is a non-profit trade
organization with more than 8,000
members. SBTC stated that it
‘‘represents, promotes, and protects the
interest of small businesses in the
transportation industry. Through the
exemption application, SBTC seeks
relief from the ELD requirements for
small private, common and contract
motor carriers with fewer than 50
employees.’’ SBTC contends that:
jbell on DSK3GLQ082PROD with NOTICES
‘‘[T]he ELD rule is not a ‘safety regulation’
per se as the FMCSA has concluded. Rather
it is a mechanism intended to enforce a safety
regulation by regulating the manner in which
a driver records and communicates his
compliance. That is, it is merely a tool to
determine compliance with an existing rule
that regulates over-the-road drivers’ driving
and on duty time, namely the actual safety
regulation: the [HOS] regulations codified at
49 CFR 395.3 and 395.5. However, the ELD
rule is not a safety regulation itself.
Therefore, it is our position that this rule
does not itself impact safety, and that the
level of safety will not change based on
whether or not our exemption application is
approved. That would require a change to the
[hours-of-service rules].’’
SBTC asserts that the exemption
would not have any adverse impacts on
operational safety, as motor carriers and
drivers would remain subject to the
HOS regulations in 49 CFR 395.3, as
well as the requirements to maintain a
paper RODS under 49 CFR 395.8. The
applicant argues that the requested
exemption would allow motor carriers
VerDate Sep<11>2014
18:05 Jul 16, 2019
Jkt 247001
34251
with fewer than 50 employees to
maintain their current practices that
have resulted in a proven safety record.
A copy of SBTC’s application for
exemption is available for view in the
docket for this rulemaking.
DEPARTMENT OF TRANSPORTATION
Public Comments
On June 5, 2018, FMCSA published
SBTC’s application for exemption and
requested public comment (83 FR
26140). The Agency received more than
1,900 comments. Although some
comments focused more on the HOS
rules than the exemption application
and others were simply unclassifiable,
the Agency estimates that over 95
percent of the comments favored the
exemption, while more than 4 percent
were opposed.
Commercial Driver’s Licenses; Pilot
Program To Allow Drivers Under 21 To
Operate Commercial Motor Vehicles in
Interstate Commerce; Extension of
Comment Period
FMCSA Decision
For the reasons given below, FMCSA
denies the SBTC application for
exemption. The SBTC application does
not meet the regulatory standards for an
exemption. SBTC failed to provide
‘‘[t]he name of the individual or motor
carrier that would be responsible for the
use or operation of CMVs’’ under the
exemption [49 CFR 381.310(b)(2)]. SBTC
did not provide the name of a single
motor carrier. SBTC failed to
‘‘[p]rovide[] an estimate of the total
number of drivers and CMVs that would
be operated under the terms and
conditions of the exemption’’
[§ 381.310(c)(3)]. Instead, SBTC said
‘‘we defer to FMCSA to determine the
total number of drivers and CMVs that
would be operated under the
exemption.’’ SBTC failed to ‘‘[e]xplain[]
how you would ensure that you could
achieve a level of safety that is
equivalent to, or greater than, the level
of safety that would be obtained by
complying with the regulation’’
[§ 381.310(c)(5)]. The application said
‘‘we believe the level of safety is already
assured by the pre-existing Hours of
Service rule as opposed to this ELD
enforcement mechanism rule.’’
Nor did SBTC meet the statutory
requirement in 49 U.S.C. 31315(b)(5)(D)
to describe ‘‘[t]he specific
countermeasures the person would
undertake to ensure an equivalent or
greater level of safety than would be
achieved absent the requested
exemption.’’ SBTC proposed no
countermeasures at all.
For all of these reasons, FMCSA
denies SBTC’s request for exemption.
Issued on: July 9, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019–15206 Filed 7–16–19; 8:45 am]
BILLING CODE 4910–EX–P
PO 00000
Frm 00136
Fmt 4703
Sfmt 4703
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0346]
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments; extension of comment
period.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA) extends
the comment period for its May 15, 2019
notice concerning a possible pilot
program to allow non-military drivers
aged 18, 19, and 20 to operate
commercial motor vehicles (CMVs) in
interstate commerce. FMCSA received a
request for an extension to the comment
period from the American Trucking
Associations (ATA). The Agency
believes it is appropriate to extend the
comment period to provide interested
parties additional time to submit their
responses to the notice. Therefore, the
Agency extends the deadline for the
submission of comments from July 15,
2019, to August 14, 2019.
DATES: The comment period for the
notice published May 15, 2019 at 84 FR
21895 is extended. Comments must be
received on or before August 14, 2019.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2018–0346 using any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov/docket?D=FMCSA2018-0346. Follow the online
instructions for submitting comments.
• 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: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Mr.
Selden Fritschner, Commercial Drivers
License Division, Federal Motor Carrier
SUMMARY:
E:\FR\FM\17JYN1.SGM
17JYN1
Agencies
[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Notices]
[Pages 34250-34251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15206]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0180]
Hours of Service of Drivers: Application for Exemption; Small
Business in Transportation Coalition
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Application for exemption; final determination.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to deny the application of the
Small Business in Transportation Coalition (SBTC) for an exemption from
the electronic logging device (ELD) requirements for all motor carriers
with fewer than 50 employees, including, but not limited to, one-person
private and for-hire owner-operators of commercial motor vehicles
(CMVs) used in interstate commerce. FMCSA has analyzed the exemption
application and public comments, and has determined that it cannot
ensure that granting for the requested exemption would achieve a level
of safety equivalent to, or greater than, the level that would be
achieved absent such exemption.
FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Ms. LaTonya Mimms, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone: 202-366-4024. Email: [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA
[[Page 34251]]
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.
FMCSA 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 and the reasons for denying an application must be published
in the Federal Register (49 CFR 381.315(b)).
On December 16, 2015 (80 FR 78292), FMCSA published a final rule
requiring most drivers then required to prepare hours-of-service (HOS)
records of duty status (RODS) to use electronic logging devices (ELDs)
instead of the previous paper logs to document their RODS. The
compliance date for the ELD requirement was December 18, 2017.
III. Request for Exemption
The Small Business in Transportation Coalition (SBTC) is a non-
profit trade organization with more than 8,000 members. SBTC stated
that it ``represents, promotes, and protects the interest of small
businesses in the transportation industry. Through the exemption
application, SBTC seeks relief from the ELD requirements for small
private, common and contract motor carriers with fewer than 50
employees.'' SBTC contends that:
``[T]he ELD rule is not a `safety regulation' per se as the
FMCSA has concluded. Rather it is a mechanism intended to enforce a
safety regulation by regulating the manner in which a driver records
and communicates his compliance. That is, it is merely a tool to
determine compliance with an existing rule that regulates over-the-
road drivers' driving and on duty time, namely the actual safety
regulation: the [HOS] regulations codified at 49 CFR 395.3 and
395.5. However, the ELD rule is not a safety regulation itself.
Therefore, it is our position that this rule does not itself impact
safety, and that the level of safety will not change based on
whether or not our exemption application is approved. That would
require a change to the [hours-of-service rules].''
SBTC asserts that the exemption would not have any adverse impacts
on operational safety, as motor carriers and drivers would remain
subject to the HOS regulations in 49 CFR 395.3, as well as the
requirements to maintain a paper RODS under 49 CFR 395.8. The applicant
argues that the requested exemption would allow motor carriers with
fewer than 50 employees to maintain their current practices that have
resulted in a proven safety record. A copy of SBTC's application for
exemption is available for view in the docket for this rulemaking.
Public Comments
On June 5, 2018, FMCSA published SBTC's application for exemption
and requested public comment (83 FR 26140). The Agency received more
than 1,900 comments. Although some comments focused more on the HOS
rules than the exemption application and others were simply
unclassifiable, the Agency estimates that over 95 percent of the
comments favored the exemption, while more than 4 percent were opposed.
FMCSA Decision
For the reasons given below, FMCSA denies the SBTC application for
exemption. The SBTC application does not meet the regulatory standards
for an exemption. SBTC failed to provide ``[t]he name of the individual
or motor carrier that would be responsible for the use or operation of
CMVs'' under the exemption [49 CFR 381.310(b)(2)]. SBTC did not provide
the name of a single motor carrier. SBTC failed to ``[p]rovide[] an
estimate of the total number of drivers and CMVs that would be operated
under the terms and conditions of the exemption'' [Sec.
381.310(c)(3)]. Instead, SBTC said ``we defer to FMCSA to determine the
total number of drivers and CMVs that would be operated under the
exemption.'' SBTC failed to ``[e]xplain[] how you would ensure that you
could achieve a level of safety that is equivalent to, or greater than,
the level of safety that would be obtained by complying with the
regulation'' [Sec. 381.310(c)(5)]. The application said ``we believe
the level of safety is already assured by the pre-existing Hours of
Service rule as opposed to this ELD enforcement mechanism rule.''
Nor did SBTC meet the statutory requirement in 49 U.S.C.
31315(b)(5)(D) to describe ``[t]he specific countermeasures the person
would undertake to ensure an equivalent or greater level of safety than
would be achieved absent the requested exemption.'' SBTC proposed no
countermeasures at all.
For all of these reasons, FMCSA denies SBTC's request for
exemption.
Issued on: July 9, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-15206 Filed 7-16-19; 8:45 am]
BILLING CODE 4910-EX-P