Hours of Service of Drivers: Application for Exemption; Small Business in Transportation Coalition, 20562-20564 [2020-07730]
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Federal Register / Vol. 85, No. 71 / Monday, April 13, 2020 / Notices
the Commission finds that the proposed
rule change is consistent with Rule
17Ad–22(e)(3)(ii).
B. Consistency With Rule 17Ad–
22(e)(15)(i)–(ii)
Rule 17Ad–22(e)(15)(i) requires a
covered clearing agency to establish,
implement, maintain and enforce
written policies and procedures
reasonably designed, as applicable, to,
among other things, (i) determine the
amount of liquid net assets funded by
equity based upon its general business
risk profile and the length of time
required to achieve a recovery or orderly
wind-down, as appropriate, of its
critical operations and services if such
action is taken, and (ii) provide for
holding liquid net assets funded by
equity equal to the greater of either six
months of its current operating expenses
or the amount determined by the board
of directors to be sufficient to ensure a
recovery or orderly wind-down of
critical operations and services of the
covered clearing agency, as
contemplated by the plans established
under Rule 17Ad–22(e)(3)(ii).
As noted above, LCH SA proposes to
update its WDP with new estimated
wind-down costs, which are less than
the amount that LCH SA holds as liquid
resources corresponding to 6 months of
expenses that are the minimum required
by EMIR. The Commission believes that
by updating its WDP with this
information after its annual review
allows LCH SA to maintain procedures
reasonably designed to determine winddown costs and to ensure they remain
under the amount of capital held for
that purpose. Therefore, the
Commission believes that this aspect of
the proposed rule change is consistent
with Rule 17Ad–22(e)(15)(i).
Similarly, the Commission believes
that by updating these costs, LCH SA
would be able to assess whether it holds
liquid net assets sufficient to ensure an
orderly wind-down of critical
operations and services. Therefore, the
Commission believes that the proposed
rule change is consistent with Rule
17Ad–22(e)(15)(ii).
khammond on DSKJM1Z7X2PROD with NOTICES
IV. Conclusion
On the basis of the foregoing, the
Commission finds that the proposed
rule change is consistent with the
requirements of the Act, and in
particular, with the requirements of
Rules 17Ad–22(e)(3)(ii), 17Ad–
22(e)(15)(i) and (ii).12
12 17 CFR 240.17Ad–22(e)(3)(ii), (e)(15)(i), and
(e)(15)(ii).
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Jkt 250001
It is therefore ordered pursuant to
Section 19(b)(2) of the Act 13 that the
proposed rule change (SR–LCH SA–
2020–001), be, and hereby is,
approved.14
comments, please contact Yvonne
Jamison at (202) 395–3475. Direct all
other questions to Alan Treat, Deputy
Assistant U.S. Trade Representative for
Africa, at (202) 395–9514.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
J. Matthew DeLesDernier,
Assistant Secretary.
Edward Gresser,
Chair of the Trade Policy Staff Committee,
Office of the United States Trade
Representative.
[FR Doc. 2020–07651 Filed 4–10–20; 8:45 am]
BILLING CODE 3290–F0–P
[FR Doc. 2020–07743 Filed 4–10–20; 8:45 am]
BILLING CODE 8011–01–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket Number USTR–2020–0011]
Hearing Cancellation and Extension of
Comment Period on Negotiating
Objectives for a United StatesRepublic of Kenya Trade Agreement
Office of the United States
Trade Representative.
ACTION: Cancellation of public hearing
and extended deadline to submit
comments.
AGENCY:
On March 23, 2020, the Office
of the U.S. Trade Representative (USTR)
solicited comments and announced that
the Trade Policy Staff Committee would
hold a public hearing on a proposed
U.S.-Republic of Kenya trade agreement.
Consistent with guidance issued by the
Centers for Disease Control and
Prevention concerning COVID–19,
USTR is cancelling the public hearing.
USTR is extending the deadline for
written comments.
DATES:
Hearing: The hearing scheduled for
April 28, 2020, is cancelled.
Comments: USTR is extending the
deadline for written comments until
April 28, 2020, and encourages
interested persons to file comments and
supporting documentation via
www.regulations.gov, using docket
number USTR–2020–0011. The
instructions for submission are in
sections II and III of the notice
published on March 23, 2020 (85 FR
16450). For alternatives to on-line
submissions, please contact Yvonne
Jamison at (202) 395–3475 in advance of
the deadline and before transmitting a
comment.
SUMMARY:
For
procedural questions concerning written
FOR FURTHER INFORMATION CONTACT:
13 15
U.S.C. 78s(b)(2).
approving the proposed rule change, the
Commission considered the proposal’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
15 17 CFR 200.30–3(a)(12).
14 In
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0239]
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:
FMCSA announces its
decision to deny the Small Business in
Transportation Coalition’s (SBTC)
request for reconsideration of its
application for exemption from the
electronic logging device (ELD) rule that
was denied by the Agency on July 17,
2019. SBTC has resubmitted its
application for exemption from the 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 used in interstate
commerce. SBTC believes that the
exemption would not have any adverse
impacts on operational safety as motor
carriers and drivers would remain
subject to the hours-of-service (HOS)
regulations, as well as the requirements
to maintain paper records of duty status
(RODs). FMCSA has analyzed SBTC’s
petition for reconsideration and the
public comments received and has
determined that neither the applicant
nor the commenters provided
information that would change the
Agency’s previous decision to deny the
exemption.
FOR FURTHER INFORMATION CONTACT: Ms.
La Tonya Mimms, 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:
SUMMARY:
E:\FR\FM\13APN1.SGM
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Federal Register / Vol. 85, No. 71 / Monday, April 13, 2020 / Notices
I. 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)).
When the Agency denied a request for
an exemption, the applicant may be
allowed to resubmit the application, if
the applicant can reasonably address the
basis for denial. 49 U.S.C. 31315(b)(3).
khammond on DSKJM1Z7X2PROD with NOTICES
II. Background
On December 16, 2015, FMCSA
published the Electronic Logging
Devices and Hours of Service
Supporting Documents final rule (80 FR
78292). The ELD rule applies to most
motor carriers and drivers who are
required to keep RODS. The compliance
date for the ELD requirement was
December 18, 2017.
On June 5, 2018, FMCSA published
SBTC’s application for exemption and
requested public comment (83 FR
26140). SBTC reports it is a non-profit
trade organization with more than 8,000
members. SBTC states that it
‘‘represents, promotes, and protects the
interest of small businesses in the
transportation industry. Through the
exemption application, SBTC sought
relief from the ELD requirements for
small private, common and contract
motor carriers with fewer than 50
employees. SBTC argued:
‘‘[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
VerDate Sep<11>2014
17:57 Apr 10, 2020
Jkt 250001
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 [hours-of- service] 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].’’
On July 9, 2018, FMCSA extended the
public comment period at the request of
the SBTC (83 FR 31836). The Agency
received more than 1,900 comments to
the docket [Docket No. FMCSA–2018–
0180]. Most of the comments favored
granting the exemption. On July 17,
2019, the Agency published notice of its
decision to deny SBTC’s application for
exemption (84 FR 34250) and listed the
following reasons for the denial:
• Failing to provide the name of the
individual or motor carrier that would
be responsible for the use or operation
of commercial motor vehicles (CMVs)
under the exemption [49 CFR
381.310(b)(2)];
• Failing to provide 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)]; and
• Failing to explain how an
equivalent level of safety would be
achieved [§ 381.310(c)(5)].
III. Request for Reconsideration of
Agency Decision
SBTC requested FMCSA to reconsider
its denial of the ELD exemption.
According to SBTC, the reason for not
providing an estimate of the number of
drivers and CMVs that would be
operating under the exemption is that
SBTC is a trade group, not a single
carrier. SBTC argues that a trade group
would not know the number of
employees eligible for the exemption.
Regarding that question, SBTC deferred
to the Agency because FMCSA is the
custodian of MCS–150 industry data.
SBTC believes that it has identified the
percentage of carriers that would be
affected by the exemption but does not
know a way to extrapolate the number
of drivers from the estimated 3.5 million
truck drivers in the U.S. without
deferring to FMCSA for that
information.
IV. Equivalent Level of Safety
To ensure an equivalent level of
safety, SBTC suggests a return to paper
logs. According to SBTC, ‘‘Paper logs
were deemed sufficient to ensure
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
20563
adequate levels of safety for generations,
more than 80 years. And the FMCSA
has already issued numerous
exemptions that require carriers to
revert to tracking their hours of service
using paper logs in lieu of ELDs . . .’’
SBTC argues that ELDs have caused
reckless speeding and pose a national
security threat. SBTC urges FMCSA to
look carefully at the unintended
consequences of the ELD rule when
deciding whether or not to grant the
exemption. SBTC also suggests that
FMCSA temporarily grant the
exemption ‘‘if for no other reason than
to press the pause button while
[FMCSA] studies these unintended
consequences and their adverse effects
on safety. We contend this would
indeed achieve a greater level of overall
safety than the current status quo.’’
V. Public Comments
On October 29, 2019, FMCSA
published SBTC’s petition for
reconsideration and requested public
comment (84 FR 57932). The Agency
received approximately 355 comments,
more than 300 of which favored the
exemption. For example, Mr. Michael
Garrison said, ‘‘I support the ELD
exemption application. Please grant the
exemption. The 14-hour rule is forcing
drivers to drive when they are tired and
is a major safety concern.’’ Mr. Dahl
Warren wrote, ‘‘I support the ELD
exemption especially for small carriers.
There is no need for these carriers to
have the expense burden that the ELDs
create.’’
Only a few commenters opposed the
exemption: the Commercial Vehicle
Safety Alliance (CVSA), Truckload
Carriers Association (TCA) and Mr.
Michael Millard. CVSA wrote, ‘‘In their
request for reconsideration, SBTC
reiterates the same claims about paper
logs and does not provide any
additional method of ensuring an
equivalent level of safety.’’ TCA stated,
‘‘In comments submitted to the Agency
in July 2018, TCA opposed the Small
Business in Transportation Coalition’s
(SBTC) initial request for an exemption
from the ELD requirements and we now
oppose the group’s petition for
reconsideration.’’ Mr. Millard said, ‘‘The
FMCSA should again deny the SBTC’s
request to assure a level platform among
all carriers large and small in following
the HOS. Removing the ELD from the
HOS equation allows those using paper
RODS an upper hand and questionable
HOS compliance.’’
VI. FMCSA Decision
The FMCSA carefully reviewed
SBTC’s petition for reconsideration, as
well as the public comments. The
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20564
Federal Register / Vol. 85, No. 71 / Monday, April 13, 2020 / Notices
Agency has concluded that SBTC
provided no additional information that
would alter its decision to deny SBTC’s
2018 exemption application. For
example, instead of providing the
information required by subpart C of 49
CFR part 381 for reconsideration, SBTC
presented arguments for not providing
the information. SBTC’s application still
does not provide the number of drivers
and CMVs that would be covered by the
exemption, nor does SBTC explain how
an equivalent level of safety would be
achieved by continuing to use paper
logs. Therefore, the Agency denies this
application for exemption from the ELD
rule and reaffirms its previous denial.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020–07730 Filed 4–10–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2020–0112]
Parts and Accessories Necessary for
Safe Operation; Application for an
Exemption From Samsara Networks
Inc.
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
requests public comment on an
application for exemption from Samsara
Networks Inc. (Samsara) to allow its AI
Dash Cam to be mounted lower in the
windshield on commercial motor
vehicles than is currently permitted.
DATES: Comments must be received on
or before May 13, 2020.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2020–0112 using any of the following
methods:
• Website: https://
www.regulations.gov. Follow the
instructions for submitting comments
on the Federal electronic docket site.
• Fax: 1–202–493–2251.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery of Courier: Bring
comments to Docket Operations in
Room W12–140 of the West Building
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SUMMARY:
VerDate Sep<11>2014
17:57 Apr 10, 2020
Jkt 250001
Ground Floor, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m. e.t., Monday–Friday,
except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number for this notice. For detailed
instructions on submitting comments
and additional information on the
exemption process, see the ‘‘Public
Participation’’ heading below. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the ‘‘Privacy Act’’ heading for
further information.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov or to Docket
Operations in Room W12–140, U.S.
Department of Transportation, West
Building Ground Floor, 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Docket Operations.
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.
Public participation: The https://
www.regulations.gov website is
generally available 24 hours each day,
365 days each year. You may find
electronic submission and retrieval help
and guidelines under the ‘‘help’’ section
of the https://www.regulations.gov
website as well as the DOT’s https://
docketsinfo.dot.gov website. If you
would like notification that we received
your comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgment
page that appears after submitting
comments online.
Mr.
Jose´ R. Cestero, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–5541, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Frm 00098
Fmt 4703
Sfmt 4703
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–2020–0112), 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–2020–0112’’
in the ‘‘Keyword’’ box, and click
‘‘Search.’’ When the new screen
appears, click on ‘‘Comment Now!’’
button and type your comment into the
text box in the following screen. Choose
whether you are submitting your
comment as an individual or on behalf
of a third party and then submit. If you
submit your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit comments by mail
and would like to know that they
reached the facility, please enclose a
stamped, self-addressed postcard or
envelope. FMCSA will consider all
comments and material received during
the comment period and may grant or
not grant this application based on your
comments.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31315(b) 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 the safety analyses and the
public comments and determines
whether granting the exemption would
likely achieve a level of safety
equivalent to or greater than the level
E:\FR\FM\13APN1.SGM
13APN1
]]>Agencies
[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Notices]
[Pages 20562-20564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07730]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0239]
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 Small Business in
Transportation Coalition's (SBTC) request for reconsideration of its
application for exemption from the electronic logging device (ELD) rule
that was denied by the Agency on July 17, 2019. SBTC has resubmitted
its application for exemption from the 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 used in interstate commerce. SBTC believes that the exemption
would not have any adverse impacts on operational safety as motor
carriers and drivers would remain subject to the hours-of-service (HOS)
regulations, as well as the requirements to maintain paper records of
duty status (RODs). FMCSA has analyzed SBTC's petition for
reconsideration and the public comments received and has determined
that neither the applicant nor the commenters provided information that
would change the Agency's previous decision to deny the exemption.
FOR FURTHER INFORMATION CONTACT: Ms. La Tonya Mimms, 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:
[[Page 20563]]
I. 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)).
When the Agency denied a request for an exemption, the applicant
may be allowed to resubmit the application, if the applicant can
reasonably address the basis for denial. 49 U.S.C. 31315(b)(3).
II. Background
On December 16, 2015, FMCSA published the Electronic Logging
Devices and Hours of Service Supporting Documents final rule (80 FR
78292). The ELD rule applies to most motor carriers and drivers who are
required to keep RODS. The compliance date for the ELD requirement was
December 18, 2017.
On June 5, 2018, FMCSA published SBTC's application for exemption
and requested public comment (83 FR 26140). SBTC reports it is a non-
profit trade organization with more than 8,000 members. SBTC states
that it ``represents, promotes, and protects the interest of small
businesses in the transportation industry. Through the exemption
application, SBTC sought relief from the ELD requirements for small
private, common and contract motor carriers with fewer than 50
employees. SBTC argued:
``[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 [hours-of- service] 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].''
On July 9, 2018, FMCSA extended the public comment period at the
request of the SBTC (83 FR 31836). The Agency received more than 1,900
comments to the docket [Docket No. FMCSA-2018-0180]. Most of the
comments favored granting the exemption. On July 17, 2019, the Agency
published notice of its decision to deny SBTC's application for
exemption (84 FR 34250) and listed the following reasons for the
denial:
Failing to provide the name of the individual or motor
carrier that would be responsible for the use or operation of
commercial motor vehicles (CMVs) under the exemption [49 CFR
381.310(b)(2)];
Failing to provide 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)]; and
Failing to explain how an equivalent level of safety would
be achieved [Sec. 381.310(c)(5)].
III. Request for Reconsideration of Agency Decision
SBTC requested FMCSA to reconsider its denial of the ELD exemption.
According to SBTC, the reason for not providing an estimate of the
number of drivers and CMVs that would be operating under the exemption
is that SBTC is a trade group, not a single carrier. SBTC argues that a
trade group would not know the number of employees eligible for the
exemption. Regarding that question, SBTC deferred to the Agency because
FMCSA is the custodian of MCS-150 industry data. SBTC believes that it
has identified the percentage of carriers that would be affected by the
exemption but does not know a way to extrapolate the number of drivers
from the estimated 3.5 million truck drivers in the U.S. without
deferring to FMCSA for that information.
IV. Equivalent Level of Safety
To ensure an equivalent level of safety, SBTC suggests a return to
paper logs. According to SBTC, ``Paper logs were deemed sufficient to
ensure adequate levels of safety for generations, more than 80 years.
And the FMCSA has already issued numerous exemptions that require
carriers to revert to tracking their hours of service using paper logs
in lieu of ELDs . . .'' SBTC argues that ELDs have caused reckless
speeding and pose a national security threat. SBTC urges FMCSA to look
carefully at the unintended consequences of the ELD rule when deciding
whether or not to grant the exemption. SBTC also suggests that FMCSA
temporarily grant the exemption ``if for no other reason than to press
the pause button while [FMCSA] studies these unintended consequences
and their adverse effects on safety. We contend this would indeed
achieve a greater level of overall safety than the current status
quo.''
V. Public Comments
On October 29, 2019, FMCSA published SBTC's petition for
reconsideration and requested public comment (84 FR 57932). The Agency
received approximately 355 comments, more than 300 of which favored the
exemption. For example, Mr. Michael Garrison said, ``I support the ELD
exemption application. Please grant the exemption. The 14-hour rule is
forcing drivers to drive when they are tired and is a major safety
concern.'' Mr. Dahl Warren wrote, ``I support the ELD exemption
especially for small carriers. There is no need for these carriers to
have the expense burden that the ELDs create.''
Only a few commenters opposed the exemption: the Commercial Vehicle
Safety Alliance (CVSA), Truckload Carriers Association (TCA) and Mr.
Michael Millard. CVSA wrote, ``In their request for reconsideration,
SBTC reiterates the same claims about paper logs and does not provide
any additional method of ensuring an equivalent level of safety.'' TCA
stated, ``In comments submitted to the Agency in July 2018, TCA opposed
the Small Business in Transportation Coalition's (SBTC) initial request
for an exemption from the ELD requirements and we now oppose the
group's petition for reconsideration.'' Mr. Millard said, ``The FMCSA
should again deny the SBTC's request to assure a level platform among
all carriers large and small in following the HOS. Removing the ELD
from the HOS equation allows those using paper RODS an upper hand and
questionable HOS compliance.''
VI. FMCSA Decision
The FMCSA carefully reviewed SBTC's petition for reconsideration,
as well as the public comments. The
[[Page 20564]]
Agency has concluded that SBTC provided no additional information that
would alter its decision to deny SBTC's 2018 exemption application. For
example, instead of providing the information required by subpart C of
49 CFR part 381 for reconsideration, SBTC presented arguments for not
providing the information. SBTC's application still does not provide
the number of drivers and CMVs that would be covered by the exemption,
nor does SBTC explain how an equivalent level of safety would be
achieved by continuing to use paper logs. Therefore, the Agency denies
this application for exemption from the ELD rule and reaffirms its
previous denial.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-07730 Filed 4-10-20; 8:45 am]
BILLING CODE 4910-EX-P
