Hours of Service of Drivers: Truck Renting and Leasing Association, Inc. (TRALA); Application for Exemption Renewal, 55887-55889 [2022-19556]
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55887
reference airspeed in accordance with
paragraph (27)(c) of this rule.
(b) The adjustment for off-reference
altitude may be approximated from:
Where <DELTA>J1 is the quantity in
decibels that must be algebraically
added to the measured LAE noise level
to correct for an off-reference flight path,
HT is the height, in feet, of the test
aircraft when directly over the noise
measurement point, and the constant
(12.5) accounts for the effects on
spherical spreading and duration from
the off-reference altitude.
(c) The adjustment for the difference
between reference airspeed and adjusted
reference airspeed is calculated from:
Where <DELTA>J3 is the quantity in
decibels that must be algebraically
added to the measured LAE noise level
to correct for the influence of airspeed
on the integration duration of the
measured flyover event as received at
the noise measurement station; VR is the
reference airspeed as prescribed in
paragraph (6)(c) of this rule, and VRA is
a speed adjustment applied to the
reference airspeed to allow flying at an
airspeed that provides the reference tip
Mach speed. The reference airspeed
must be adjusted for the atmospheric
conditions on-site.
(d) All data used and calculations
performed under this paragraph must be
documented and submitted in
accordance with paragraphs (22) and
(23).
(28) Noise Limit Compliance—Noise
Measurement, Evaluation, and
Calculation (Reference part 36,
appendix J, section J36.301, as
modified): In demonstrating compliance
with this rule, the aircraft noise levels
must be measured, evaluated, and
calculated in accordance with
paragraphs (7) through (27) of this rule.
(29) Noise Limit (Reference part 36,
appendix J, section J36.305, as
modified): The calculated noise levels of
the aircraft, at the measuring point
described in paragraphs (7) through (10)
of this rule, must be shown to not
exceed 78.0 decibels LAE at the reference
altitude of 250 feet.
(30) Manuals, Markings, and Placards
(Reference part 36 §§ 36.1501 and
36.1581, as modified):
(a) All procedures, weights,
configurations, and information or data
used to obtain the certified noise levels
required to demonstrate compliance
with this rule, including equivalent
procedures used for flight, testing, and
analysis, must be approved by the FAA.
(b) Noise levels achieved during type
certification must be included in the
approved portion of each Unmanned
Aircraft Flight Manual for the subject
aircraft. If an Unmanned Aircraft Flight
Manual is not approved, the procedures
and information must be furnished in a
combination of manual material,
markings, and placards approved by the
FAA. The noise level information that
must be included is as follows:
i. The noise level information must be
one value for flyover as defined and
required by these specifications; the
value is determined at the maximum
reference speed, weight and
configuration in accordance with
paragraph (6)(c) of this rule. The noise
level value must also indicate the series
from which it was determined.
ii. If supplemental operational noise
level information is included in the
approved portion of the Unmanned
Aircraft Flight Manual, it must be
segregated, identified as information
that is provided in addition to the
certificated noise levels, and clearly
distinguished from the information
required by paragraph (30)(b)(i) of this
rule.
iii. The following statement must be
included in each approved manual near
the listed noise level:
No determination has been made by
the Federal Aviation Administration
that the noise levels of this aircraft are
or should be acceptable or unacceptable
for operation at, into, or out of any
location or environment that may be
affected by operational noise.
(31) Test Plan Preparation and
Approval: Prior to conducting any
testing and data collection required by
this rule, the applicant must prepare a
test plan and obtain FAA approval of it
from the FAA’s Aircraft Certification
Service, Policy & Innovation Division
(P&I) (or another FAA employee
designated by the P&I division)
(32) Test Witnessing: The FAA P&I
Division (or another FAA employee
designated by the P&I Division) must
witness the test and data collection
required by this rule for the results to
be valid for certification. Other acoustic
focals from FAA’s Aircraft Certification
Office and Acoustic Engineer(s) from
the Office of Environment and Energy or
US DOT Volpe National Transportation
Systems Center may also be present to
observe the tests.
(33) Test Report Preparation and
Approval: The applicant must prepare a
report that includes all of the findings
and data required under this rule. The
report must be approved by the FAA
P&I Division (or another FAA employee
designated by the P&I division) as a part
of the aircraft certification record.
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Issued in Washington, DC, on September 7,
2022.
Augustus Bradley Mims,
Deputy Administrator.
[FR Doc. 2022–19639 Filed 9–9–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0428]
Hours of Service of Drivers: Truck
Renting and Leasing Association, Inc.
(TRALA); Application for Exemption
Renewal
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of provisional renewal of
exemption; request for comments.
AGENCY:
FMCSA announces its
decision to provisionally renew the
Truck Renting and Leasing Association,
Inc. (TRALA) exemption from the
provisions that require a motor carrier to
install and require each of its drivers to
use an electronic logging device (ELD)
to record the driver’s hours-of-service
(HOS). The exemption allows drivers of
property carrying commercial motor
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SUMMARY:
EN12SE22.005</GPH>
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Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Notices
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55888
Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Notices
vehicles (CMVs) rented for 8 days or
less, regardless of reason, to not use an
ELD in the vehicle. These drivers
remain subject to the standard HOS
limits and must maintain a paper record
of duty status (RODS) if required. The
exemption renewal is for 5 years.
DATES: This renewed exemption is
effective October 12, 2022, and expires
on October 12, 2027. Comments must be
received on or before October 12, 2022.
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: Dockets Operations, 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. E.T., Monday
through Friday, except Federal holidays.
• Fax: (202) 493–2251.
Each submission must include the
Agency name and the docket number
(FMCSA–2016–0428) 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. To be sure someone is there to
help you, please call (202) 366–9317 or
(202) 366–9826 before visiting Dockets
Operations.
Privacy Act: In accordance with 49
U.S.C. 31315(b), DOT solicits comments
from the public to better inform its
exemption 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 https://
www.transportation.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Mr.
Richard Clemente, Driver and Carrier
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards,
FMCSA, at (202) 385–2415 or by email
VerDate Sep<11>2014
17:06 Sep 09, 2022
Jkt 256001
at richard.clemente@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Dockets
Operations at (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 comment 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
the ‘‘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, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b)(2) and 49 CFR
381.300(b) to renew an exemption from
the Federal Motor Carrier Safety
Regulations for a 5-year period if it finds
‘‘such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption.’’
TRALA has requested a five-year
extension of the current exemption in
Docket No. FMCSA–2016–0428.
III. Background
Current Regulatory Requirements
Under FMCSA’s electronic logging
device (ELD) regulations in 49 CFR
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395.8(a)(1)(i) a motor carrier subject to
the requirements of part 395 must
require each driver used by the motor
carrier to record the driver’s duty status
for each 24-hour period using the
method prescribed in § 395.8(a)(1)(i)–
(iv), as applicable. Subject to
§ 395.8(a)(1)(ii) and (iii), a motor carrier
operating CMVs must install and require
each of its drivers to use an ELD to
record the driver’s duty status in
accordance with 49 CFR part 395,
subpart B, no later than December 18,
2017.
Application for Renewal of Exemption
FMCSA published notice of TRALA’s
initial application for exemption from
49 CFR 395.8(a)(1)(i) on March 22, 2017
(82 FR 14789) describing the nature of
TRALA’s operations and application.
FMCSA published a notice granting
TRALA’s exemption request on October
11, 2017. TRALA’s current exemption
will expire on October 11, 2022 (82 FR
47306). In granting the exemption,
FMCSA found that TRALA would
achieve a level of safety that was
equivalent to, or greater than, the level
of safety that would be obtained by
complying with the regulation.
TRALA requests a renewal of the
exemption for a 5-year period.
IV. Equivalent Level of Safety
In granting the original exemption
request, FMCSA determined that
exempt drivers and motor carriers
would likely achieve a level of safety
equivalent to, or greater than, the level
of safety achieved without the
exemption. FMCSA noted in its October
11, 2017, notice that the Agency
believed that an exemption period of up
to 8 days for drivers of rental CMVs
would give most carriers sufficient time
to repair or replace their usual vehicles
while minimizing any temptation to
extend non-ELD operations. The use of
paper RODS would not create an undue
risk of noncompliance when limited to
this short period of time.
The Agency reasoned that the 8-day
exemption period coincides with 49
CFR 395.34(d), which allows a driver an
8-day window to use paper RODS when
the motor carrier receives or discovers
information about an ELD malfunction.
Furthermore, while operating under this
exemption, drivers would remain
subject to the standard HOS limits,
maintain a paper RODS if required, and
maintain a copy of the rental agreement
on the vehicle.
In its June 25, 2022, application for
renewal, TRALA describes the technical
and practical difficulties of providing
rental CMVs with ELDs that are
compatible with renters’ own systems,
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Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Notices
and the problems that would be
encountered if the renting motor carrier
attempted to use their own ELDs in the
rental vehicle. TRALA states that the
exemption will not serve as an incentive
for motor carriers to use short-term
rentals to avoid the ELD requirements
generally. Short-term rentals have a
substantially higher per day or weekly
rental fee than vehicles leased for longer
periods, making it significantly more
costly for companies to continually rent
for 8 days at a time over the long term.
TRALA also states that enforcement
officers can readily determine that the
vehicle is a short-term rental because
drivers are required to provide a copy of
the rental agreement to the officer on
demand.
FMCSA is unaware of any evidence of
a degradation of safety attributable to
the current exemption for TRALA.
There is no indication of an adverse
impact on safety while operating under
the terms and conditions specified in
the initial exemption. FMCSA
concludes that provisionally extending
the original exemption granted on
October 11, 2017, for another five years,
under the terms and conditions listed
below, will likely achieve a level of
safety that is equivalent to, or greater
than, the level of safety achieved
without the exemption.
V. Exemption Decision
A. Grant of Exemption
FMCSA provisionally renews the
exemption for a period of five years
subject to the terms and conditions of
this decision and the absence of public
comments that would cause the Agency
to terminate the exemption under Sec.
V.F. below. The exemption from the
requirements of 49 CFR 395.8(a)(1)(i), is
otherwise effective October 12, 2022,
through October 12, 2027, 11:59 p.m.
local time, unless renewed or rescinded.
B. Applicability of Exemption
The exemption excuses motor carriers
and drivers of property-carrying CMVs
rented for a period of eight days or
fewer from the requirement to install
and use an ELD to record the driver’s
RODS. This exemption covers a rental
period of eight days or fewer, regardless
of reason for the rental.
lotter on DSK11XQN23PROD with NOTICES1
C. Terms and Conditions
When operating under this
exemption, TRALA and its member
company drivers are subject to the
following terms and conditions:
(1) TRALA and its drivers must
comply with all other applicable
Federal Motor Carrier Safety
Regulations (49 CFR part 350–399).
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17:06 Sep 09, 2022
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(2) Evidence that a carrier has
replaced one rental CMV with another
on eight-day cycles or attempted to
renew a rental agreement for the same
CMV for an additional eight days will be
regarded as a violation of the exemption
and subject the carrier and driver to the
penalties for failure to use an ELD.
(3) Drivers must have a copy of this
notice in their possession while
operating under the terms of the
exemption. The exemption document
must be presented to law enforcement
officials upon request.
(4) Drivers must have a copy of the
rental agreement in the CMV, and make
it available to law enforcement officers
on request. The agreement must clearly
identify the parties to the agreement, the
vehicle, and the dates of the rental
period.
(5) Drivers must possess copies of
their RODS for the current day and the
prior seven days, if required on those
days.
D. Preemption
In accordance with 49 U.S.C.
31315(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
enforce any law or regulation applicable
to interstate commerce that conflicts
with or is inconsistent with this
exemption with respect to a firm or
person operating under the exemption.
States may, but are not required to,
adopt the same exemption with respect
to operations in intrastate commerce.
E. Notification to FMCSA
Carriers operating under this
exemption must notify FMCSA within
five business days of any accident (as
defined in 49 CFR 390.5), involving any
of the motor carrier’s drivers operating
under the terms of this exemption. The
notification must include the following
information:
(a) Identity of Exemption: ‘‘TRALA’’
(b) Date of the accident,
(c) City or town, and State, in which
the accident occurred, or closest to the
accident scene,
(d) Driver’s name and license number,
(e) Co-driver’s name and license
number,
(f) Vehicle number and State license
number,
(g) Number of individuals suffering
physical injury,
(h) Number of fatalities,
(i) The police-reported cause of the
accident,
(j) Whether the driver was cited for
violation of any traffic laws, motor
carrier safety regulations, and
(k) The total driving time and total onduty time period prior to the accident.
PO 00000
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55889
Reports filed under this provision shall
be emailed to MCPSD@dot.gov.
F. Termination
FMCSA does not believe the drivers
covered by this exemption will
experience any deterioration of their
safety record. The exemption will be
rescinded if: (1) Motor carriers and
drivers operating under the exemption
fail to comply with the terms and
conditions of the exemption; (2) the
exemption has resulted in a lower level
of safety than was maintained before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objects of 49 U.S.C.
31136(e) and 31315.
VI. Request for Comments
In accordance with 49 U.S.C.
31315(b), FMCSA requests public
comment from all interested persons on
TRALA’s application for an exemption
from the provisions in 49 CFR
395.8(a)(1)(i) that require a motor carrier
to install and require each of its drivers
to use an ELD to record the driver’s
HOS. The exemption allows drivers of
property carrying CMVs rented for 8
days or less, regardless of reason, to not
use an ELD in the vehicle. All
comments received before the close of
business on the comment closing date
indicated at the beginning of this notice
will be considered and will be available
for examination in the docket at the
location listed under the ADDRESSES
section of this notice. Comments
received after the comment closing date
will be filed in the public docket and
will be considered to the extent
practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should continue to examine the
public docket for new material.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022–19556 Filed 9–9–22; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2010–0056]
BNSF Railway Company’s Request To
Amend Its Positive Train Control
Safety Plan and Positive Train Control
System
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
AGENCY:
E:\FR\FM\12SEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Notices]
[Pages 55887-55889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19556]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0428]
Hours of Service of Drivers: Truck Renting and Leasing
Association, Inc. (TRALA); Application for Exemption Renewal
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of provisional renewal of exemption; request for
comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to provisionally renew the Truck
Renting and Leasing Association, Inc. (TRALA) exemption from the
provisions that require a motor carrier to install and require each of
its drivers to use an electronic logging device (ELD) to record the
driver's hours-of-service (HOS). The exemption allows drivers of
property carrying commercial motor
[[Page 55888]]
vehicles (CMVs) rented for 8 days or less, regardless of reason, to not
use an ELD in the vehicle. These drivers remain subject to the standard
HOS limits and must maintain a paper record of duty status (RODS) if
required. The exemption renewal is for 5 years.
DATES: This renewed exemption is effective October 12, 2022, and
expires on October 12, 2027. Comments must be received on or before
October 12, 2022.
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: Dockets Operations, 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.
E.T., Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2016-0428) 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. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets
Operations.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption 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
https://www.transportation.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA, at (202) 385-2415 or by email at
[email protected]. If you have questions on viewing or
submitting material to the docket, contact Dockets Operations at (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 comment 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 the ``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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49
CFR 381.300(b) to renew an exemption from the Federal Motor Carrier
Safety Regulations for a 5-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption.''
TRALA has requested a five-year extension of the current exemption in
Docket No. FMCSA-2016-0428.
III. Background
Current Regulatory Requirements
Under FMCSA's electronic logging device (ELD) regulations in 49 CFR
395.8(a)(1)(i) a motor carrier subject to the requirements of part 395
must require each driver used by the motor carrier to record the
driver's duty status for each 24-hour period using the method
prescribed in Sec. 395.8(a)(1)(i)-(iv), as applicable. Subject to
Sec. 395.8(a)(1)(ii) and (iii), a motor carrier operating CMVs must
install and require each of its drivers to use an ELD to record the
driver's duty status in accordance with 49 CFR part 395, subpart B, no
later than December 18, 2017.
Application for Renewal of Exemption
FMCSA published notice of TRALA's initial application for exemption
from 49 CFR 395.8(a)(1)(i) on March 22, 2017 (82 FR 14789) describing
the nature of TRALA's operations and application. FMCSA published a
notice granting TRALA's exemption request on October 11, 2017. TRALA's
current exemption will expire on October 11, 2022 (82 FR 47306). In
granting the exemption, FMCSA found that TRALA would achieve a level of
safety that was equivalent to, or greater than, the level of safety
that would be obtained by complying with the regulation.
TRALA requests a renewal of the exemption for a 5-year period.
IV. Equivalent Level of Safety
In granting the original exemption request, FMCSA determined that
exempt drivers and motor carriers would likely achieve a level of
safety equivalent to, or greater than, the level of safety achieved
without the exemption. FMCSA noted in its October 11, 2017, notice that
the Agency believed that an exemption period of up to 8 days for
drivers of rental CMVs would give most carriers sufficient time to
repair or replace their usual vehicles while minimizing any temptation
to extend non-ELD operations. The use of paper RODS would not create an
undue risk of noncompliance when limited to this short period of time.
The Agency reasoned that the 8-day exemption period coincides with
49 CFR 395.34(d), which allows a driver an 8-day window to use paper
RODS when the motor carrier receives or discovers information about an
ELD malfunction. Furthermore, while operating under this exemption,
drivers would remain subject to the standard HOS limits, maintain a
paper RODS if required, and maintain a copy of the rental agreement on
the vehicle.
In its June 25, 2022, application for renewal, TRALA describes the
technical and practical difficulties of providing rental CMVs with ELDs
that are compatible with renters' own systems,
[[Page 55889]]
and the problems that would be encountered if the renting motor carrier
attempted to use their own ELDs in the rental vehicle. TRALA states
that the exemption will not serve as an incentive for motor carriers to
use short-term rentals to avoid the ELD requirements generally. Short-
term rentals have a substantially higher per day or weekly rental fee
than vehicles leased for longer periods, making it significantly more
costly for companies to continually rent for 8 days at a time over the
long term. TRALA also states that enforcement officers can readily
determine that the vehicle is a short-term rental because drivers are
required to provide a copy of the rental agreement to the officer on
demand.
FMCSA is unaware of any evidence of a degradation of safety
attributable to the current exemption for TRALA. There is no indication
of an adverse impact on safety while operating under the terms and
conditions specified in the initial exemption. FMCSA concludes that
provisionally extending the original exemption granted on October 11,
2017, for another five years, under the terms and conditions listed
below, will likely achieve a level of safety that is equivalent to, or
greater than, the level of safety achieved without the exemption.
V. Exemption Decision
A. Grant of Exemption
FMCSA provisionally renews the exemption for a period of five years
subject to the terms and conditions of this decision and the absence of
public comments that would cause the Agency to terminate the exemption
under Sec. V.F. below. The exemption from the requirements of 49 CFR
395.8(a)(1)(i), is otherwise effective October 12, 2022, through
October 12, 2027, 11:59 p.m. local time, unless renewed or rescinded.
B. Applicability of Exemption
The exemption excuses motor carriers and drivers of property-
carrying CMVs rented for a period of eight days or fewer from the
requirement to install and use an ELD to record the driver's RODS. This
exemption covers a rental period of eight days or fewer, regardless of
reason for the rental.
C. Terms and Conditions
When operating under this exemption, TRALA and its member company
drivers are subject to the following terms and conditions:
(1) TRALA and its drivers must comply with all other applicable
Federal Motor Carrier Safety Regulations (49 CFR part 350-399).
(2) Evidence that a carrier has replaced one rental CMV with
another on eight-day cycles or attempted to renew a rental agreement
for the same CMV for an additional eight days will be regarded as a
violation of the exemption and subject the carrier and driver to the
penalties for failure to use an ELD.
(3) Drivers must have a copy of this notice in their possession
while operating under the terms of the exemption. The exemption
document must be presented to law enforcement officials upon request.
(4) Drivers must have a copy of the rental agreement in the CMV,
and make it available to law enforcement officers on request. The
agreement must clearly identify the parties to the agreement, the
vehicle, and the dates of the rental period.
(5) Drivers must possess copies of their RODS for the current day
and the prior seven days, if required on those days.
D. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.
E. Notification to FMCSA
Carriers operating under this exemption must notify FMCSA within
five business days of any accident (as defined in 49 CFR 390.5),
involving any of the motor carrier's drivers operating under the terms
of this exemption. The notification must include the following
information:
(a) Identity of Exemption: ``TRALA''
(b) Date of the accident,
(c) City or town, and State, in which the accident occurred, or
closest to the accident scene,
(d) Driver's name and license number,
(e) Co-driver's name and license number,
(f) Vehicle number and State license number,
(g) Number of individuals suffering physical injury,
(h) Number of fatalities,
(i) The police-reported cause of the accident,
(j) Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations, and
(k) The total driving time and total on-duty time period prior to
the accident. Reports filed under this provision shall be emailed to
[email protected].
F. Termination
FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety record. The exemption will
be rescinded if: (1) Motor carriers and drivers operating under the
exemption fail to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objects of 49
U.S.C. 31136(e) and 31315.
VI. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on TRALA's application for an
exemption from the provisions in 49 CFR 395.8(a)(1)(i) that require a
motor carrier to install and require each of its drivers to use an ELD
to record the driver's HOS. The exemption allows drivers of property
carrying CMVs rented for 8 days or less, regardless of reason, to not
use an ELD in the vehicle. All comments received before the close of
business on the comment closing date indicated at the beginning of this
notice will be considered and will be available for examination in the
docket at the location listed under the Addresses section of this
notice. Comments received after the comment closing date will be filed
in the public docket and will be considered to the extent practicable.
In addition to late comments, FMCSA will also continue to file, in the
public docket, relevant information that becomes available after the
comment closing date. Interested persons should continue to examine the
public docket for new material.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-19556 Filed 9-9-22; 8:45 am]
BILLING CODE 4910-EX-P
